State of Utah 

GARY R. HERBERT 

Governor 

GREG BELL 

Lieutenant Governor 

February 16, 2010 

Department of 

Environmental Quality 

Amanda Smi th 

Executive Director 

DIVISION OF AIR QUALITY 

Cheryl Heying 

Director 

Callie A. Videtich, Director 

Air and Radiation Program 

US EPA Region 8 

1595 Wynkoop Street 

Denver, CO 80202-11 29 

Dear Ms. Videtich: 

0 o/1_ ~ll :J L?> . t) 

SP-AR 

Enclosed please find for your review two hard copies and an electronic version of administrative 

documentation in support of Governor Herbert's January 29, 2010, submittal of revisions to R307-

405-2, Permits: Major Sources in Attainment or Unclassified Areas (PSD); R307-101-3, General 

Requirements: Version of Code of Federal Regulations Incorporated by Ref erence; R307 -101-2, 

General Requirements: Definitions; and R307 -102, General Requirements: Broadly Applicable 

Requirements. 

If you have questions, you can reach me at (801) 536-4015. I look forward to working with you 

and your staff toward approval of this submittal. 

Sincerely, 

;! Dire MCH/KK/cy 

Enclosures 

ISO North 1950 West • Salt Lake City, UT 

Mailing Address: P.O. Box 144820 • Sa lt Lake City, UT 84 114-4820 

Telephone (80 1) 536-4000 • Fax (80 1 )536-4099 • T.D.D. (80 1) 536-44 14 

www.deq.utnh.ROl' 

Printed on 100% recycled paper 

GARY R . HERBERT 

GOVERNOR 

STATE OF UTAH 

OFFICE OF THE GOVERNOR 

SALT LAKE CITY, UTAH 

84114-2220 

January 28, 2010 

Carol Rushin, Acting Regional Administrator 

US EPA Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Dear Ms. Rushin: 

GREG BELL 

LIEUTENANT GOVERNOR 

Enclosed for your approval are revisions to R307-405-2, Permits: Major Sources in 

Attainment or Unclassified Areas (PSD); R307-101-3, General Requirements: Version of 

Code of Federal Regulations Incorporated by Reference; R307-101-2, General Requirements: 

Definitions; and R307-1 02, General Requirements: Broadly Applicable Requirements. 

The amendments to R307-405-2 and R307-101-3 update the version ofthe Code of 

Federal Regulations incorporated by reference into the rules of the State ofUtah. 

The amendment to R307-101-2 updates the version ofthe American Conference of 

Governmental Industrial Hygienists publication of Threshold Limit Values for Chemical 

Substances and Physical Agents & Biological Exposure Indices incorporated by reference in 

several definitions located in R3 07-101-2. 

The nonsubstantive change to R307-102 updates the authorization for R307-102 from 

Title 63-46b-4 to Title 63G-4-202, due to the recodification of Title 63 made by House Bill63 

Chapter 328, Laws of Utah 2008. 

Supporting documentation is being submitted by the Utah Division of Ai:r Quality. If 

you have questions about this request, please call Cheryl Heying, Director of the Utah 

Division of Air Quality, at (801) 536-4015. 

Enclosures 

Sincerely, u . fL.tt-~+- G~.Herbert Governor 

GARY R . HERBERT 

GOVERNOR 

STATE OF UTAH 

OFFICE OF THE GOVERNOR 

SALT LAKE CITY, UTAH 

84114-2220 

March 19,2014 

Shaun McGrath, Regional Administrator 

US Environmental Protection Agency, Region 8 

1595 Wynkoop Street 

Denver, Colorado 80202-1129 

Dear Mr. McGrath: 

SPENCER J . Cox 

LiEUTENANT GOVERNOR 

On January 28, 2010, the State of Utah submitted for the U.S. Environmental Protection 

Agency approval revisions to definitions in R307-101-2, Definitions, to update the threshold 

limit values (TL V s) to the 2009 American Conference of Governmental Industrial Hygienists 

publication of Threshold Limit Values for Chemical Substances and Physical Agents & 

Biological Exposure Indices. Because US EPA does not require hazardous air pollutants (HAPs) 

permitting requirements in the State Implementation Plan (SIP), we are hereby withdrawing 

Utah's January 28, 2010, SIP submittal ofR307-101-2. 

If you have questions about this matter, please call Bryce Bird, director of the Utah 

Division of Air Quality, at (801) 536-4064. 

Enclosures 

Sincerely, 

~ fLc tJ..J,v.. +-

Gary R. Herbert 

Governor 
~~ · .. . I 

MAR 26 2014 ~ ~ 

8P- p--.. ~-· 
UTAH 

Administrative Documentation 

R307-405-2, R307-101-3, 

R307-101-2, and R307-102 

State of Utah 

Department of Environmental Quality 

Division of Air Quality 

150 N. 1950 West 

P.O. Box 144820 

Salt Lake City, Utah 84114-4820 

801-536-4000 

January 6, 2010 

UTAH 

ADMINISTRATIVE DOCUMENTATION January 2010 

Legal Authority 

R307-405-2, R307-101-3, 

R307-101-2,and R307-102 

ADMINISTRATIVE DOCUMENTATION 

Table of Contents 

Utah Code Title 19, Chapter 2, Air Conservation Act ... .. .. .. ........... ...... ... .. ... ....... ............................... .. ... .... ....... 1 

Utah Code Title 63C, Chapter 3, Administrative Rulemaking Act ....... ............................ .. .......... .................. ... 17 

Utah Administrative Code, Rl5, Administrative Rules .......... .............. ...... ...... ... ...... ..... .. ........................ ... ..... . 27 

Proposed for Public Comment 

R307-405-2: DAR Bulletin (November 1, 2008) Rule Analysis Form, DAR #32042 ....... ....................... .... P- 1 

Text ofR307 -405-2 ................................. ........................ .......................................... .................... P- 2 

R307-l01-3: DAR Bulletin (March 1, 2009) Rule Analysis Form, DAR #3235l.. ........................... .... .. ....... P- 3 

Text ofR307-101-3 ........................................ ............. .. .... .......... ... ..... ......... ...... ....... .................... P- 4 

R307-l01-2: DAR Bulletin (April 15, 2009) Rule Analysis Form, DAR #32458 ....... ... ...................... ... ....... P- 5 

Text ofR307-10 1-2 ...... .................................. ........ .... ... .. ..... ........ ................. ...... ... .............. ......... P- 6 

Public Hearing 

Summary of comments and responses .... ...................... .. .. .. ................ .. ......................................................... H- 1 

Nonsubstantive Change 

R307-102: Rule Analysis Form, DAR #31462 .......................... ................. ................ .. ...... ............ .. .............. C- 1 

Text of R307- 102 .............. ............. ... ....................... ....... ... .. .. .... .. ..... ........................................ C- 3 

DAR Bulletin (January 15, 2009) Effective Date Notice ................... .. ...... ............................................ ...... C- 4 

Certified Text of R307- 102 (DAR #31462) .. ...... ................................................... .. ..... ....... ......................... C- 5 

Effective Rule 

Certified Text of R307-405-2 (DAR #32042) .... .... ..................................... .................. ..... ....... ........ ........ .... E- 1 

DAR Bulletin (March 1, 2009) Effective Date Notice ................ .................................. ....... .......................... E -3 

Certified Text ofR307-l01-3 (DAR #32351 ) ......................... .... .................. ............. ............................. .. .... E- 4 

DAR Bulletin (June 1, 2009) Effective Date Notice ............................................ ........................ ................. E- 6 

Certified Text ofR307-101-2 (DAR #32350) .......... .... ...................................................... .... .. ..................... E- 7 

DAR Bulletin (August 1, 2009) Effective Date Notice .. .................... .. ....................................................... E- 10 

Certification 

Codes 

Air Conservation Act 

Utah Code -- Title 19 -- Chapter 02 (May 28, 2009) 

19-2-101. Short title -- Policy of state and purpose of chapter -- Support of local and regional programs -- Provision 

of coordinated statewide program ......... ... .... ...................... .' .................................................................. ... .............. ....... 2 

19-2-102. Definitions .......... .................................................. ....... ....... ....... .... ......... .. ........................................... ........ 2 

19-2-103. Members ofboard --Appointment-- Terms-- Organization-- Per diem and expenses ............................. 3 

19-2-104. Powers of board .................... ....... ......................... ..................................................... .. ............................... 3 

19-2-105. Duties of board ...................................................................... ........... .............................. .............. ............... 5 

19-2-105.3. Clean fuel requirements for fleets ................................... .... ............................... .. .............. ...................... 5 

19-2-106. Rulemaking authority and procedure . ......................................................................................................... 6 

19-2-107. Executive secretary-- Appointment-- Powers ................................................................................ , .......... 6 

19-2-108. Notice of constmction or modification of installations required-- Authority of executive secretary to 

prohibit constmction --Hearings-- Limitations on authority of board-- Inspections authorized ............ ..................... 7 

19-2-109. Air quality standards -- Hea1ings on adoption -- Orders of executive secretary-- Adoption of emission 

control requirements ...................................................................................................................................................... 7 

19-2-l 09.1. Operating permit required-- Emissions fee-- Implementation .......................................................... ..... 7 

19-2-109.2. Small business assistance program .................................. .... ...... ........................... .......... ... ................ ...... 9 

19-2-109.3. Public access to information .................................................................................................................... 9 

19-2-109.5. Private sector air quality permitting professionals certification program ................................................. 9 

19-2-110. Violations --Notice to violator -- Corrective action orders -- Conference, conciliation, and persuasion by 

board -- Hearings .. .. ... .. ..... .......... ... .. ... ............. : ...... ..... : ..... ............ ..... : .............................................. ............. ............. l 0 

19-2-112. Generalized condition of air pollution creating emergency-- Sources causing imminent danger to health 

--Powers of executive director-- Declaration of emergency .. : ................. .. ...... .. .. ................................ ...................... 1-0 

19-2-113. Variances -- Judicial review ...................................................................................................................... 1 0 

19-2-114. Activities not in violation of chapter or mles .......................................................................... .. ........... : .... 11 

19-2-115. Violations-- Penalties-- Reimbursement for expenses ................................................................. · ...... : .... 11 

19-2-116. Injunction or other remedies to prevent violations -- Civil actions not abridged .... : ................................. 12 

19-2-117. Attorney general as legal advisor to board-- Duties of attorney general and county attorneys ...... .......... 12 

19-2-118. Violation of injunction evidence of contempt. .......................................................................................... 13 

19-2-119. Civil or criminal remedies not excluded-- Actionable rights under chapter-- No liability for acts of God 

or other catastrophes .................................................................................................................................................... 13 

19-2-120. Information required of owners or operators of air contaminant sources ....... ................ .. .. ... ........ ........... 13 

19-2-121 . Ordinances of political subdivisions authorized ........................................................................................ 13 

19-2-122. Cooperative agreements between political subdivisions and department. ................................................ 13 

19-2-123. Tax relief to encourage investment in facilities-- Sales and use tax exemption ....................................... 13 

19-2-124. Application for certification of pollution control facility-- Refunds-- Interest. ...................................... 13 

19-2-125. Action on application for certification ...................................................................................................... 14 

19-2-126. Revocation of certification-- Grounds-- Procedure ........................................................................... ...... 14 

19-2-127. Rules for administering certification for tax relief. ................................................................................... 15 

\ 
Title 19. Environmental Quality Code 

Chapter 2. Air Conservation Act 

19-2-101. Short title-- Policy of state 

and purpose of chapter -- Support of local 

and regional programs -- Provision of 

coordinated statewide program. 

(I) This chapter is known as the "Air 

Conservation Act." 

(2) It is the policy of this state and the purpose of 

this chapter to achieve and maintain levels of air quality 

which will protect human health and safety, and to the 

greatest degree practicable, prevent injury to plant and 

animal life and property, foster the comfort and 

convenience of the people, promote the economic and 

social development of this state, and facilitate the 

enjoyment of the natural attractions of this state. 

(3) Local and regional air pollution control 

programs shall be supported to the extent practicable as 

essential instruments to secure and maintain appropriate 

levels of air quality. 

( 4) The purpose of this chapter is to: 

(a) provide for a coordinated statewide program 

of air pollution prevention, abatement, and control; 

(b) provide for an appropriate distribution of 

responsibilities among the state and local units of 

govenunent; 

· (c) facilitate cooperation across jurisdictional 

lines in dealing with problems of air pollution not confined 

within single jurisdictions; and 

(d) provide a framework within which air quality 

may be .protected and consideration given to the public 

interest at all levels of planning and developmen-t within the 

state. 

19-2-102. Definitions. 

As used in this chapter: 

(I) "Air contaminant" means any particulate 

matter or any gas, vapor, suspended solid, or any 

combination of them, excluding steam and water vapors. 

(2) "Air contaminant source" means all sources 

of emission of air contaminants whether privately or 

publidy owned or operated. 

(3) "Air pollution" means the presence in the 

ambient air of one or more air contaminants in the 

quantities and duration and under conditions and 

circumstances as is or tends to be injurious to human health 

or welfare, animal or plant life, or property, or would 

unreasonably interfere with the enjoyment of life or use of 

property, as determined by the rules adopted by the board. 

(4) "Ambient-air" means the surrouw;ling or 

outside air. 

(5) "Asbestos" means the asbestiform varieties 

of serpentine (chrysotile), riebeckite (crocidolite), 

cturuningtonite-grunerite, anthophyllite, and actinolitetremolite. 

(6) "Asbestos-containing material" means any 

material containing more than 1% asbestos, as determined 

using the method adopted in 40 CFR Part 61 , Subpart M, 

National Emission Standard for Asbestos. 

(7) "Asbestos inspection" means an activity 

undertaken to determine the presence or location, or to 

assess the condition of, asbestos-containing material or 

suspected asbestos-containing material,' whether by visual 

or physical examination, or by taking samples of the 

material. 

(8) (a) "Board" means the Air Quality Board. 

(b) "Board" means, as used in Sections 19-2-123 

through 19-2-126, the Air Quality Board or the Water 

Quality Board. 

(9) "Clean school bus" has the same meaning as 

defined in 42 U.S.C. Sec. 16091. 

(10) "Executive secretary" means the executive 

secretary of the board. 

(II) (a) "Facility" means machinery, equipment, 

structures, or any part or accessories of them, installed or 

acquired for the primary purpose of controlling or 

disposing of air pollution. 

(b) "Facility" does not include an air conditioner, 

fan, or other similar facility for the comfort of personnel. 

(12) "Friable asbestos-containing material" 

means any material containing more than 1% asbestos, as 

determined using the method adopted in 40 CFR Part 61 , 

Subpart M, National Emission Standard for Asbestos, that 

hand pressure can crumble, pulverize, or reduce to powder 

when dry. 

(13) "Indirect source" means a facility, building, 

structure; or installation which attracts or may attract 

mobile source activity that results in emissions of a 

pollutant for which there is a national standard. 

(14) (a) "Pollution control facility" or "facility" 

means, as used in Sections 19-2-123 through 19-2-126, any 

land, structure, building, installation, excavation, 

machinery, equipment, or device, or any addition to, 

reconstruction, replacement or improvement of, land or an 

existing structure, building, installation, excavation, 

machinery, equipment, or device reasonably used, erected, 

constructed, acquired, or installed by any person if the 

primary purpose of the use, erection, construction, 

acquisition, or installation is the prevention, control, or 

reduction of air or water pollution by: 

(i) the disposal or elimination of or redesign to 

eliminate waste and the use of treatment works for 

industrial waste as defined in Title 19, Chapter 5, Water 

Quality Act; or 

(ii) the disposal, elimination, or reduction of or 

redesign to eliminate or reduce air contaminants or air 

pollution or air contamination sources and the use of air 

cleaning devices. 

(b) "Pollution control facility" or "facility" does 

not include air conditioners, septic tanks, or other facilities 

for human waste, nor any property installed, constructed, or 

used for the moving of sewage to the collection facilities of 

a public or quasi-public sewerage system. 
19-2-103. Members of board--

Appointment-- Terms -- Organization -- Per 

diem and expenses. 

(I) The board comprises II members, one of 

whom shall be the executive director and I 0 of whom shall 

be appointed by the governor with the consent of the 

Senate. 

(2) The members shall be knowledgeable of air 

pollution matters and shall be: 

(a) a practicing physician and surgeon licensed 

in the state not connected with industry; 

(b) a registered professional engineer who is not 

from industry; 

(c) a representative from municipal government; 

(d) a representative from county govemment; 

(e) a representative from agriculture; 

(f) a representative from the mining industry; 

(g) a representative from manufacturing; 

(h) a representative from the fuel industry; and 

(i) two representatives of the public not 

representing or connected with industry, at least one of 

whom represents organized environmental interests. 

(3) No more than five of the appointed members 

shall belong to the same political party. 

(4) The majority of the members may not derive 

any significant portion of their income from persons subject 

to permits or orders under this chapter. Any potential 

conflict of interest of any member or the executive . 

secretary, relevant to the interests of the board, shall be 

adt<quately disclosed. 

: (5) Members serving on the Air Conservation 

Committee created by Laws ofUtah 1981, Chapter 126, as 

~~mded, shall serve as members of the board throughout 

the. terms for which they were appointed . . 

• (6) (a) Except as required by Subsection (6)(b), 

members shall be appointed for a term of four years. 

· (b) Notwithstanding.the requirements of 

Subsection (6)(a), the govemor shall, at the time of 

appointment or reappointment, adjust the length of terms to 

ensure that the terms of board members are staggered so 

that approximately half of the board is appointed every two 

years. 

(7) A member may serve more than one term. 

(8) A member shall hold office until the 

expiration of the member's term and until the member's 

successor is appointed, but not more than 90 days after the 

expiration of the member's term. 

(9) When a vacancy occurs in the membership 

for any reason, the replacement shall be appointed for the 

unexpired term. 

(I 0) The board shall elect annually a chair and a 

vice chair from its members. 

(11) (a) The board shall meet at least quarterly, 

and special meetings may be called by the chair upon his 

own initiative, upon the request of the executive secretary, 

or upon the request of three members of the board. 

(b) Three days' notice shall be given to each 

member of the board prior to any meeting. 

(12) Six members constitute a quorum at any 

meeting, and the action of a majority of members present is 

the action of the board. 

(13) (a) (i) A member who is not a govemment 

employee shall receive no compensation or benefits for the 

member's services, but may receive per diem and expenses 

incurred in the perfonnance of the member's official duties 

at the rates established by the Division of Finance under 

Sections 63A-3-l 06 and 63A-3-1 07. 

(ii) A member may decline to receive per diem 

and .expenses for the member's service. 

(b) (i) A state govemment officer and employee 

member who does not receive salary, per diem, or expenses 

from the agency the member represents for the member's 

service may receive per diem and expenses incurred in the 

performance of the member's official duties from the board 

at the rates established by the Division of Finance under 

Sections 63A-3-106 and 63A-3- 107. 

(ii) A state government officer and employee 

member may decline to receive per diem and expenses for 

the member's service. 

(c) (i) A local govemment member who does not 

receive salary, per diem, or expenses from the entity that 

the member represents for the member's service may 

receive per diem and expenses incurred in the performance 

of the member's official duties at the rates established by 

the Division of Finance under Sections 63A-3-l 06 and 

63A-3-107. 

(ii) A local govemment member may decline to 

receive per diem and expenses for the member's service. 

19..,2-104. Powers of board. 

(1) The board may make mles in accord;mce 

with Title 63G, Chapter 3, Utah Administrative 

Rulemaking Act: 

(a) regarding the control, abatement, and 

prevention of air pollution from all sources and the 

establishment of the maximum quantity of air contaminants 

that may be emitted by any air contaminant source; 

(b) establishing air quality standards; 

(c) requiring persons engaged in operations 

which result in air pollution to: 

(i) install, maintain, and use emission monitoring 

devices, as the board finds necessary; 

(ii) file periodic reports containing information 

relating to the rate, period of emission, and composition of 

the air contaminant; and 

(iii) provide access to records relating to 

emissions which cause or contribute to air pollution; 

(d) implementing 15 U.S.C.A. 2601 et seq. 

Toxic Substances Control Act, Subchapter II- Asbestos 

Hazard Emergency Response, and reviewing and approving 

asbestos management plans submitted by local education 

agencies under that act; 

(e) establishing a requirement for a diesel 

emission opacity inspection and maintenance program for 

diesel-powered motor vehicles; 

(f) implementing an operating permit program as 

required by and in conformity with Titles IV and V of the 

federal Clean Air Act Amendments of 1990; 

(g) establishing requirements for county 

emissions inspection and maintenance programs after 

obtaining agreement from the counties tliat would be 

affected by the requirements; 

3 
(h) with the approval of the govemor, 

implementing in air quality nonattainment areas employerbased trip reduction programs applicable to businesses 

having more than I 00 employees at a single location and 

applicable to federal, state, and local govemments to the 

extent necessary to attain and maintain ambient air quality 

standards consistent with the state implementation plan and 

·federal requirements under the standards set forth in 

Subsection (2); and 

(i) implementing lead-based paint remediation 

. training, certification, and performance requirements in 

accordance with 15 U.S.C.A. 2601 et seq., Toxic 

Substances Control Act, Subchapter IV -- Lead Exposure 

Reduction, Sections 402 and 406. 

(2) When implementing Subsection (I )(h) the 

board shall take into consideration: 

(a) the impact of the business on overall air 

quality; and 

(b) the need of the business to use automobiles in 

order to carry out its business purposes. 

(3) The board may: 

(a) (i) hold a hearing that is not an adjudicative 

proceeding relating to any aspect of or matter in the 

administration of this chapter and compel the attendance of 

witnesses and the production of documents and other 

evidence, administer oaths and take testimony, and receive 

evidence as necessary; 

(ii) receive a proposed dispositive action from an 

administrative law judge as provided by Section 19-1-301; 

and 

(iii) (A) approve, approve with modifications, or 

disapprove a proposed dispositive action; or 

(B) return the proposed dispositive action to the 

administrative law judge for further action as directed; 

(b) issue orders necessary to enforce the 

provisions of this chapter, enforce the orders by appropriate 

administrative and judicial proceedings, and institute 

judicial proceedings to secure compliance with this chapter; 

(c) settle or compromise any civil action initiated 

to compel compliance with this chapter and the rules made 

under this chapter; 

(d) secure necessary scientific, technical, 

administrative, and operational services, including 

laboratory facilities, by contract or otherwise; 

(e) prepare and develop a comprehensive plan or 

plans for the prevention, abatement, and control of air 

pollution in this state; 

(f) encourage voluntary cooperation by persons 

and affected groups tb achieve the purposes of this chapter; 

(g) encourage local units of govemment to 

handle air pollution within their respective jurisdictions on 

a cooperative basis and provide technical and consultative 

assistance to them; 

(h) encourage and conduct studies, 

investigations, and research relating to air contamination 

and air pollution and their causes, effects, prevention, 

abatement, and control; 

(i) detennine by means of field studies and 

sampling the degree of air contamination and air pollution 

in all parts of the state; 

U) monitor the effects of the emission of air 

contaminants from motor vehicles on the quality of the 

outdoor atmosphere in all parts of this state and take 

appropriate action with respect to them; 

(k) collect and disseminate infonnation and 

conduct educational and training programs relating to air 

contamination and air pollution; 

(l) advise, consult, contract, and cooperate with 

other agencies of the state, local govemments, industries, 

other states, interstate or interlocal agencies, the federal 

govemment, and with interested persons or groups; 

(m) consult, upon request, with any person 

proposing to construct, install, or otherwise acquire an air 

contaminant source in the state conceming the efficacy of 

any proposed control device, or system for this source, or 

the air pollution problem which may be related to the 

source, device, or system, but a consultation does not 

relieve any person from compliance with this chapter, the 

rules adopted under it, or any other provision oflaw; 

(n) accept, receive, and administer grants or 

other funds or gifts from public and private agencies, 

including the federal government, for the purpose of 

carrying out any of the functions of this chapter; 

( o) require the owner and operator of each new 

source which directly emits or has the potential to emit I 00 

tons per year or more of any-air contaminant or the owner 

or operator of each existing source which by modification 

will increase emissions or have the potential of increasing 

emissions by I 00 tons per year or more of any air 

contaminant, to pay a fee sufficient to cover the reasonable 

costs of: 

· (i) reviewing and acting upon the notice required 

under Section 19-2-108; and 

(ii) · implementing and enforcing requirements 

placed ·on the sources by any approval order issued 

.pursuant to notice, not including any court costs associated 

with any enforcement action; 

(p) assess and collect noncompliance penalties as 

required in Section 120 of the federal Clean Air Act, 42 

U.S.C. Sec. 7420; 

(q) meet the requirements of federal air pollution 

laws; 

(r) establish work practice, certification, and 

clearance air sampling requirements for persons who: 

(i) contract for hire to conduct demolition, 

renovation, salvage, encapsulation work involving friable 

asbestos-containing materials, or asbestos inspections; 

(ii) conduct work described in Subsection 

(3)(r)(i) in areas to which the general public has 

unrestrained access or in school buildings that are subject 

to the federal Asbestos Hazard Emergency Response Act of 

1986; 

(iii) conduct asbestos inspections in facilities 

subject to 15 U.S.C.A. 2601 et seq., Toxic Substru1ces 

Control Act, Subchapter II- Asbestos Hazard Emergency 

Response; or 

(iv) conduct lead paint inspections in facilities 

StJbject to 15 U.S.C.A. 2601 et seq., Toxic Substances 

Control Act, Subchapter IV -- Lead Exposure Reduction; 

(s) establish certification requiremen.ts for 

persons required under 15 U.S.C.A. 2601 et seq., Toxic 

Substances Control Act, Subchapter II - Asbestos Hazard 

Emergency Response, to be accredited as inspectors, 

management planners, abatement project designers, 
asbestos abatement contractors and supervisors, or asbestos 

abatement workers; 

(t) establish certification requirements for 

asbestos project monitors, which shall provide for 

experience-based certification of persons who, prior to 

establishment of the certification requirements, had 

received relevant asbestos training, as defined by mle, and 

had acquired at least I ,000 hours of experience as project 

monitors; 

(u) establish certification procedures and 

requirements for certification of the conversion of a motor 

vehicle to a clean-fuel vehicle, certifying the vehicle is 

eligible for the tax credit granted in Section 59-7-605 or 59-

10-1009; 

(v) establish a program to certify private sector 

air quality permitting professionals (AQPP), as described in 

Section 19-2-109.5; 

(w) establish certification requirements for 

persons required under 15 U.S.C.A. 2601 et seq., Toxic 

Control Act, Subchapter IV-- Lead Exposure Reduction, to 

be accredited as inspectors, risk assessors, supervisors, 

project designers, or abatement workers; and 

(x) assist the State Board of Education in 

adopting school bus idling reduction standards and 

implementing an idling reduction program in accordance 

with Section 41-6a-1308. · 

(4) Any mles adopted under this chapter shall be 

consistent with provisions of federal laws, if any, relating 

to control of motor vehicles or motor vehicle emissions. 

(5) Nothing in this chapter authorizes the board 

to require installation of or payment for any moi1itoring 

equipment by the owner or operator of a source if the 

owner or operator has installed or- is operating monitoring 

equipment that is equivalent to equipment which the board 

would require under this section. 

19-2-105. Duties of board. 

The board, in conjunction with the governing 

body of each county identified in Section 41-6a-1643 and 

other interested parties, shall perform an evaluation of the 

inspection and maintenance program developed under 

Section 41-6a-1643 including issues relating to: 

(1) the implementation of a standardized 

inspection and maintenance program; 

(2) out-of-state registration of vehicles used in 

Utah; 

(3) out-of-county registration of vehicles used 

within the areas required to have an inspection and 

maintenance program; 

(4) use of the fann truck exemption; 

(5) mechanic training programs; 

(6) emissions standards; and 

(7) em1sswns waivers. 

19-2-105.3. Clean fuel requirements 

for fleets. 

(I) As used in this section: 

(a) "1990 Clean Air Act" means the federal 

Clean Air Act as amended in 1990. 

(b) "Clean fuel" means: 

(i) propane, compressed natural gas, or 

electricity; 

(ii) other fuel the Air Quality Board created in 

Ti tie 19, Chapter 2, Air Conservation Act, determines 

annually on or before July 1 is at least as effective as fuels 

under Subsection (I )(b )(i) in reducing air pollution; and 

(iii) other fuel that meets the clean fuel vehicle 

standards in the 1990 Clean Air Act. 

(c) "Fleet" means 10 or more vehicles: 

(i) owned or operated by a single entity as 

defined by board rule; and 

(ii) capable of being fueled or that are fueled at a 

central location. 

(d) "Fleet" does not include motor vehicles that 

are : 

(i) held for lease or rental to the general public; 

(ii) held for sale or used as demonstration 

vehicles by motor vehicle dealers; 

(iii) used by motor vehicle manufacturers for 

product evaluations or tests; 

(iv) authorized emergency vehicles as defined in 

Section 41-6a-l 02; 

(v) registered lmder Title 41, Chapter I a, Part 2, 

Registration, as farm vehicles; 

(vi) special mobile equipment as defined in 

Section 41-1 a-1 02; 

(vii) heavy duty trucks with a gross vehicle 

weight rating of more than 26,000 polmds; 

(viii) regularly used by employees to drive to 

and from work, parked at the employees' personal 

residences when they are not at their employment, and not 

practicably fueled at a central location; 

(ix) owned, operated, or leased by public transit 

districts; or 

(x) exempted by board rule. 

(2) (a) After evaluation of reasonably available 

pollution control strategies, and as part of the state 

implementation plan demonstrating attainment of the 

national ambient air quality standards, the board may by 

rule, subject to Subsection (2)(c), require fleets in specified 

geographical areas to use clean fuels if the board 

determines fleet use of clean fuels is: 

(i) necessary to demonstrate attainment of the 

national ambient air quality standards in any area where 

they are required; and 

(ii) reasonably cost effective when compared to 

other similarly beneficial control strategies for 

demonstrating attainment of the national ambient air 

quality standards. 

(b) State implementation plans developed prior 

to July 1, 1995, may require fleets to use clean fuels no 

earlier than July 1, 1995, unless the board determines fleet 

use of clean fuels is necessary prior to July 1, 1995, to 

demonstrate attainment of the national ambient air quality 

standards in any area by an attainment date established by 

federal law. 

(c) The board may not require more than 50% of 

those trucks in a fleet that are heavy duty trucks having a 

gross vehicle weight rating of more than 8,500 pounds and 

not more than 26,000 pounds to convert to clean fuels 

under Subsection (2)(b ). 

c. 
(3) (a) After evaluation of reasonably available 

pollution control strategies, and as part of a state 

implementation plan demonstrating only maintenance of 

the national ambient air quality standards, the board may by 

rule, subject to Subsection (3)(b), require fleets in specified 

geographical areas to use clean fuels if the board 

determines fleet use of clean fuels is: 

(i) necessary to demonstrate maintenance of the 

national ambient air quality standards in any area where 

they are required; and 

(ii) reasonably cost effective as compqred with 

other similarly beneficial control strategies for 

demonstrating maintenance of the national ambient air 

quality standards. 

· (b) Under Subsection (3)(a) the board may 

require no more· than: 

(i) 30% of a fleet to use clean fuels before 

January I, 1998; 

(ii) 50% of a fleet to use clean fuels before 

January I, 1999; and 

(iii) 70% of a fleet to use clean fuels before 

January I, 2000. 

(c) The board may not require more than 50% of 

those trucks in a fleet that are heavy duty trucks having a 

gross vehicle weight rating of more than 8,500 pounds and 

not more than 26,000 pounds to convert to clean fuels 

under Subsection (3)(b). 

(4) Rules the board makes under this section 

may include.: 

(a) dates_ by which fleets are require~ to convert 

to dean fuels under the provisions of this section; 

(b) definitions of fleet owners or operators; 

(c) definitions of vehicles exempted from this 

section by·rule; 

(d) certification requirements for persbns who 

install clean fuel conversion equipment, including testing 

and certification standards regarding installers; and 

(e) certification fees for installers, established 

under Section 63J-I-504. 

(5) Implementation of this section and rules 

made under this section are subject to the reasonable 

availability of clean fuel in the local market as determined 

by the board. 

19-2-106. Rulemaking authority and 

procedure. 

(I) Except as provided in Subsection (2), no rule 

which the board·makes for the purpose of administering a 

program under the federal Clean Air Act may be more 

stringent than the corresponding federal regulations which 

address the same circumstances. In making rules, the board 

may incorporate by reference corresponding federal 

regulations. 

(2) The board may make rules more stringent 

than corresponding federal regulations for the purpose 

described in Subsection (I), only if it makes a written 

finding after public comment and hearing and based on 

evidence in the record, that corresponding federal 

regulations are not adequate to protect public health and the 

environment of the state. Those findings shall be 

accompanied by an opinion ·referring to and evaluating the 

public health and environmental infonnation and studies 

contained in the record which form the basis for the board's 

conclusion. 

19-2-107. Executive secretary --

Appointment-- Powers. 

(!) The executive secretary shall be appointed by 

the executive director, with the approval of the board, and 

shall serve under the administrative direction of the 

executive director. 

(2) The executive secretary may: 

(a) develop programs for the prevention, control, 

and abatement of new or existing air pollution resources of 

the state; 

(b) advise, consult, and cooperate with other 

agencies of the state, the federal government, other states 

and interstate agencies, and with affected groups, political 

subdivisions, and industries in furtherance of the purposes 

of this chapter; 

(c) employ full-time employees necessary to 

carry out this chapter; 

(d) as authorized by the board, subject to the 

provisions of this chapter, authorize any employee or 

representative of the department to enter at reasonable time 

and upon reasonable notice in or upon public or private · 

property for the purposes of inspecting and investigating 

. conditions and plant records concerning possible air 

· pollution; · · 

. (e) encourage, participate in, or conduct studies, 

investigations, research, and demonstrations relating to air 

pollution and causes of it as advisable and necessary for the 

discharge of duties assigned under this chapter, including 

the establishment of inventories of pollution sources; 

(f) collect and disseminate information relating 

to air pollution and the prevention, control, and abatement 

of it; 

(g) as authorized by the board subject to the 

provisions of this chapter, enforce rules through the 

issuance of orders, including: 

(i) prohibiting or abating discharges of wastes 

affecting ambient air; 

(ii) requiring the construction of new control 

facilities or any parts of new control facilities or the 

modification, extension, or alteration of existing control 

facilities or any parts of new control facilities; or 

(iii) the adoption of other remedial measures to 

prevent, control, or abate air pollution; 

(h) review plans, specifications, or other data 

relative to pollution control systems or any part of the 

systems provided in this chapter; 

(i) as authorized by the board, subject to the 

provisions of this chapter, exercise all incidental powers 

necessary to carry out the purposes.ofthis chapter, 

including certification to any state or federal authorities for 

tax purposes the fact of construction, installation, or 

acquisition of any facility, land, building, machinery, or 

equipment or any part of them, in conformity with this 

chapter; 

U) cooperate with any person in studies and 

research regarding air pollution, its control, abatement, and 

prevention; and 
(k) represent the state with the specific 

concurrence of the executive director in all matters 

pertaining to interstate air pollution, including interstate 

compacts and similar agreements. 

19-2-108. Notice of construction or 

modification of installations required --

Authority of executive secretary to prohibit 

construction --Hearings-- Limitations on 

authority of board-- Inspections authorized. 

(I) The board shall require that notice be given to the 

executive secretary by any person planning to construct a new 

installation which will or might reasonably be expected to be a 

source or indirect source of air pollution or to make modifications 

to an existing installation which will or might reasonably be 

expected to increase the amount of or change the character or 

effect of air contaminants discharged, so that the installation may 

be expected to be a source or indirect source of air pollution, or by 

any person planning to install an air cleaning device or other 

equipment intended to control emission of air contaminants. 

(2) (a) (i) The executive secretary may require, as a 

condition precedent to the construction, modification, installation, 

or establishment of the air contaminant source or indirect source, 

the submission of plans, specifications, and other information as he 

finds necessary to determine whether the proposed construction, 

modification, installation, or establishment will be in accord with 

applicable rules in force under this chapter. 

(ii) Plan approval for an indirect source may be 

delegated by the executive secretary to a local auth01ity when 

requested and upon assurance that the local authority has and will 

maintain sufficient expertise to insm:e that the planned installation 

will meet the requirements established by law. 

(b) If within 90 days after the receipt of plans, 

specifications, or other information required under this subsection, 

the 'executive secretary determines that the proposed construction, 

ins!allation, or establishment or any part of it will not be in accord 

with the requirements of this chapter or applicable rules or that 

further time, not exceeding three extensions of 30 days each, is 

required by the board to adequately review the plans, 

specifications, or other information, he shall issue an order 

prohibiting the construction, installation, or establishment of the air 

contaminant source or sources in whole or in part. 

(3) In addition to any other remedies, any person 

aggrieved by the issuance of an order either granting or denying a 

request for the construction of a new installation, and prior to 

invoking any such other remedies shall, upon request, in 

accordance with the rules of the board, be entitled to a hearing 

conducted by an administrative law judge as provided by Section 

19-1-301. Following the hearing and the receipt by the board of 

the proposed dispositive action from the administrative law judge, 

the board may affirm, modify, or withdraw the permit. 

(4) Any features, machines, and devices constituting 

parts of or called for by plans, specifications, or other information 

submitted under Subsection (I) shall be maintained i'n good 

working order. 

(5) This section does not authorize the board to require 

the use of machinery, devices, or equipment from a pa1ticular 

supplier or produced by a particular manufacturer if the required 

performance standards may be met by machinery, devices, or 

equipment otherwise available. 

(6) (a) Any authorized officer, employee, or 

representative of the board may enter and inspect any property, 

premise, or place on or at which an air contaminant source is 

located or is being constructed, modified, installed, or established 

at any reasonable time for the purpose of ascertaining the state of 

compliance with this chapter and the rules adopted under it. 

(b) (i) A person may not refi.1se ently or access to any 

authorized represen tative of the board who requests ently for 

purposes of inspection and who presents appropriate credentials. 

(ii) A person may not obstruct, hamper, or interfere 

with any inspection. 

(c) If requested, the owner or operator of the premises 

shall receive a report setting fmth all facts found wh ich relate to 

compliance status. 

19-2-109. Air quality standards--

Hearings on adoption -- Orders of executive 

secretary --Adoption of emission control 

requirements. 

(1) (a) The board, in adopting standards of 

quality for ambient air, shall conduct public hearings. 

(b) Notice of any public hearing for the 

consideration, adoption, or amendment of air quality 

standards shall specify the locations to which the proposed 

standards apply and the time, date, and place of the 

hearing. 

(c) The notice shall be: 

(i) (A) published at least twice in any newspaper 

of general circulation in the area affected; and 

(B) published, in accordance with Section 45-1 -

1 01 , at ·least 20 days before the public hearing; and 

(ii) mailed at least 20 days before the public 

hearing to the chief executive of each political subdivision 

of the area affected and to other persons the executive 

secretary has reason to believe will be affected by the 

standards. 

(d) The adoption of air quality standards or any 

modification or changes to air quality standards shall be by 

order of the executive secretary following formal action of 

the board with respect to the standards. 

(e) The order shall be published: 

(i) in a newspaper of general circulation in the 

area affected; and 

(ii) as required in Section 45-1-10 I. 

(2) (a) The board may establish emission control 

requirements by rule that in its judgment may be necessary 

to prevent, abate, or control air pollution that may be 

statewide or may vary from area to area, taking into 

account varying local conditions. 

(b) In adopting these requirements, the board 

shall give notice and conduct public hearings in accordance 

with the requirements in Subsection (I). 

19-2-109.1 . Operating permit 

required -- Emissions fee-- Implementation. 

(I) As used in this section and Sections 19-2-

109.2 and 19-2-109.3: 

(a) "EPA" means the federal Environmental 

Protection Agency. 

(b) "1990 Clean Air Act" means the federal 

Clean Air Act as amended in 1990. 

(c) "Operating permit" means a permit issued by 

the executive secretary to sources of air pollution that meet 

the requirements of Titles IV and V of the 1990 Clean Air 

Act. 

7 
\ 

(d) "Program" means the air pollution operating 

pennit program established under this section to comply 

with Title V of the 1990 Clean Air Act. 

(e) "Regulated pollutant" has the same meaning 

as defined in Title V of the 1990 Clean Air Act and 

implementing federal regulations. 

(2) (a) A person may not operate any source of 

air pollution required to have a permit under Title V of the 

1990 Clean Air Act without having obtained an operating 

pennit from the executive secretary under procedures the 

board establishes by rule. 

(b) A person is not required to submit an 

operating penni! application until the governor has 

submitted an operating pennit program to the EPA. 

(c) Any operating pennit issued under this 

section may not become effective until the day after the 

EPA issues approval of the pennit program or November 

15, 1995, whichever occurs first. 

(3) (a) Operating permits issued under this 

section shall be for a period offive years unless the board 

makes a written finding, after public comment and hearing, 

and based on substantia:! evidence in the record, that an 

operating permit term of less than five years is necessary to 

protect the public health and the environment of the state. 

(b) The executive secretary may issue, modifY, 

or renew an operating permit only after providing public 

notice, an opportunity for public comment, and an 

opportunity for a public hearing. 

. (c) The executive secretary shall,. in conformity 

with the 1990 Clean Air Act and implementing federal 

regulations, revise the conditions of issued operating 

permits to incorporate applicable federal regulations in 

conformity with Section 502(b)(9) of the 1990 Clean Air 

Act, if the remaining period of the permit is three or more 

years. 

(d) The executive secretary may terminate, 

modifY, revoke, or reissue an operating permit for cause. 

(4) (a) The board shall establish a proposed 

annual emissions fee that conforms with Title V of the 

1990 Clean Air Act for each ton of regulated pollutant, 

applicable to all sources required to obtain a permit. The 

emissions fee established under this section is in addition to 

fees assessed under Section 19-2-108 for issuance of an 

approval order. 

(b) In establishing the fee the board shall comply 

with the provisions of Section 63J-1-504 that require a 

public hearing and require the established fee to be 

submitted to the Legislature for its approval as part of the 

department's annual appropriations request. 

(c) The fee shall cover all reasonable direct and 

indirect costs required to develop an·d administer the 

program and the small business assistance program 

established under Section 19-2-109.2. The board shall 

prepare an annual report of the emissions fees collected and 

the costs covered by those fees under this Subsection (4). 

(d) The fee shall be established uniformly for all 

sources required to obtain an operating permit tmder the 

program and for all regulated pollutants. 

(e) The fee may not be assessed for emissions of 

any regulated pollutant if the emissions are already 

accounted for within the emissions of another regulated 

pollutant. 

(f) An emissions fee may not be assessed for any 

amount of a regulated pollutant emitted by any source in 

excess of 4,000 tons per year of that regulated pollutant. 

(5) Emissions fees for the period: 

(a) of July I, 1992, through June 30, 1993, shall 

be based on the most recent emissions inventory prepared 

by the executive secretary; and · 

(b) on and after July I, 1993, but prior to 

issuance of an operating permit, shall be based on the most 

recent emissions inventory, unless a source elects prior to 

July I, 1992, to base the fee on allowable emissions, if 

applicable for a regulated pollutant. 

(6) After an operating permit is issued the 

emissions fee shall be based on actual emissions for a 

regulated pollutant unless a source elects, prior to the 

issuance or renewal of a permit, to base the fee during the 

period of the permit on allowable emissions for that 

regulated pollutant. 

(7) If the owner or operator of a source subject to 

this section fails to timely pay an annual emissions fee, the 

·executive secretary may: 

(a) impose a penalty of not more than 50% of the 

fee, in addition to the fee, plus interest on the fee computed 

at 12% annually; or 

(b) revoke the operating permit. 

(8) The owner or operator of a source subject to 

this section may contest an emissions fee assessment or 

associated penalty in an adjudicative hearing under the 

Title 630, Chapter 4,.Administrative Procedures Act, and 

Section 19-1-301, as provided in this Subsection (8). 

(a) The owner or operator must pay the fee under 

protest prior to being entitled to a hearing. Payment of an 

emi"ssions fee or penalty under protest is not a waiver of the 

right to contest the fee or penalty under this section. 

(b) A request for a hearing under this Subsection 

(8) shall be made after payment of the emissions fee and 

within six months after the emissions fee was due. 

(9) To reinstate an operating permit revoked 

under Subsection (7) the owner or operator shall pay all 

outstanding emissions fees, a penalty of not more than 50% 

of all outstanding fees, and interest on the outstanding 

emissions fees computed at 12% annually . . 

(1 0) All emissions fees and penalties collected 

by the department under this section shall be deposited in 

the General Fund as the Air Pollution Operating Permit 

Program dedicated credit to be used solely to pay for the 

reasonable direct and indirect costs incurred by the 

department in developing and administering the program 

and the small business assistance program under Section 

19-2-109.2. 

(11) Failure of the executive secretary to act on 

any operating penni! application or renewal is a final 

administrative action only for the purpose of obtaining 

judicial review by any of the following persons to require 

the executive secretary to take action on the permit or its 

renewal without additional delay: 

(a) the applicant; 

(b) any person who participated in the public 

comment process; or 

(c) any other person who could obtain judicial 

review of that action under applicable law. 
19-2-109.2. Small business assistance 

program. 

(1) The board shall establish a small business 

stationary source technical and environmental compliance 

assistance program that confonns with Title V of the 1990 

Clean Air Act to assist small businesses to comply with 

state and federal air pollution laws. 

(2) There is created the Compliance Advisory 

Panel to advise and monitor the program created in 

Subsection(!). The seven panel members are: 

(a) two members who are not owners or 

representatives of owners of small business stationary air 

pollution sources, selected by the governor to represent the 

general public; 

(b) four members who are owners or who 

represent owners of small business stationary sources 

selected by leadership of the Utah Legislature as follows: 

(i) one member selected by the majority leader 

of the Senate; 

(ii) one member selected by the minority leader 

of the Senate; 

(iii) one member selected by the majority leader 

of the House of Representatives; and 

(iv) one member selected by the minority leader 

of the House of Representatives; and 

(c) one member selected by the executive 

director to represent the Division of Air Quality, 

Department of Environmental Quality. · 

(3) (a) Except as required by Subsection (b), as 

terms of current panel members expire, the department 

shall appoint each new member or reappointed member to a 

four-year term. 

(b) Notwithstanding the requirements of 

Subsection (a), the department shail, at the time of 

appointment or reappointment, adjust the length oftenns to 

ensbre that the terms of panel members are staggered so 

that' approximately half of the panel is appointed every two 

years. 

(4) Members may serve more than one term. 

(5) Members shall hold office until the 

expiration of their terms and until their successors are 

appointed, but not more than 90 days after the expiration of 

their terms. 

(6) When a vacancy occurs in the membership 

for any reason, the replacement shall be appointed for the 

unexpired term. 

(7) Every two years, the panel shall elect a chair 

from its members. 

(8) (a) The panel shall meet as necessary to carry 

out its duties. Meetings may be called by the chair, the 

executive secretary, or upon written request of three of the 

members of the panel. 

(b) Three days' notice shall be given to each 

member of the panel prior to a meeting. 

(9) Four members constitute a quorum at any 

meeting, and the action of the majority of members present 

is the action of the panel. 

(10) (a) (i) Members who are not government 

employees shall receive no compensation or benefits for 

their services, but may receive per diem and expenses 

incurred in the performance of the member's official duties 

at the rates established by the Division of Finance under 

Sections 63A-3-106 and 63A-3-107. 

(ii) Members may decline to receive per diem 

and expenses for their service. 

(b) (i) State government officer and employee 

members who do not receive salary, per diem, or expenses 

from their agency for their service may receive per diem 

and expenses incurred in the performance of their official 

duties from the panel at the rates established by the 

Division of Finance under Sections 63A-3-l 06 and 63A-3-

107. 

(ii) State government officer and employee 

members-may decline to receive per diem and expenses for 

their service. 

(c) Legislators on the committee shall receive 

compensation and expenses as provided by law and 

legislative rule. 

19-2-109.3. Public access to 

information. 

A copy of each permit application, compliance 

plan, emissions or compliance monitoring report, 

certification, and each operating permit issued under this 

chapter shall be made available to the public in accordance 

with Title 63G, Chapter 2, Government Records Access 

and Management Act. 

19-2-109.5. Private sector air quality 

permitting professionals certification 

program. 

(!) As used in this section, "AQPP" means an air · 

quality permitting professional. 

(2) The board may establish a program to certify 

private sector AQPPs, including consultants and employees 

of companies that may seek air quality permits from the 

division. Any program established under this section shall 

include: 

(a) a training program established and operated 

by the department, which describes and explains the state 

law and rules regarding the air quality permit application 

and approval procedure under this chapter; 

(b) the requirement to pass an exam to measure 

qualifications of AQPP applicants; 

(c) an option for certification of an AQPP by 

passing the exam without undergoing any training required 

under the program; 

(d) an application process, including a fee 

established under Section 63:T-l-504 that covers the costs of 

the training, testing, and application process and the 

department's maintenance of a list of certified AQPPs; 

(e) certification of qualified AQPP applicants; 

(f) maintenance by the department of a current 

list of certified AQPPs, which is available to the public; 

(g) procedures for the expedited review by the 

department of air quality permit applications submitted by 

certified AQPPs; and 

(h) professional standards for AQPPs. 

(3) The board may not require AQPP 

certification as a condition of preparing or submitting a 
notice of intent or operating permit application under this 

chapter. 

( 4) Any program under this section shall provide 

for revocation of any certification issued under this section 

if the department determines, through an administrative 

hearing conducted under Title 63G, Chapter 4, 

Administrative Procedures Act, and Section 19-1-301 , that 

the AQPP: 

(a) knowingly or negligently submitted false 

information or data as part of an air quality permit 

application; 

(b) prepared more than three air quality permit 

applications in one calendar year in a manner that each did 

not substantially comply with department application 

requirements; or 

(c) prepared any air quality penni! application in 

violation of the professional standards defined by 

departmen1 rule. 

19-2-110. Violations -- Notice to 

violator -- Corrective action orders --

Conference, .conciliation, and persuasion by 

board -- Hearings. 

(1) (a) Whenever the executive secretary has 

reason to believe that a violation of any provision of this 

chapter or any mle issued tmder it has occurred, he may 

serve written notice of the violation upon the alleged· 

violator. The notice shall specify the provision of this 

· ·chapter·or mle alleged to be violated, the facts alleged to 

constitute the violation, and may include an order that 

necessary corrective action be taken within·a reasonable tim~ ' · 

(b) In lieu of beginning an adjudicative 

proceeding under Subsection (l)(a), the board may initiate 

an action pursuant to Section 19-2-115. 

(2) Nothing in this chapter prevents the board 

from making efforts to obtain voluntary compliance 

through warning, conference, conciliation, persuasion, or 

other appropriate means. 

(3) Hearings may be held before an 

administrative law judge as provided by Section 19-1-301 . 

19-2-112. Generalized condition of 

air pollution creating emergency -- Sources 

causing imminent danger to health -- Powers 

of executive director -- Declaration of 

emergency. 

(I) (a) Title 63G, Chapter 4, Administrative 

Procedures Act, and any otl1er provision of law to the 

contrary notwithstanding, if the executive director finds 

that a generalized condition of air pollution exists and that 

it creates an emergency requiring immediate action to 

protect human health or safety, the executive director, with 

the concurrence of the governor, shall order persons 

causing or contributing to the air pollution to reduce or 

discontinue immediately the emission of air contaminants. 

(b) The order shall fix a place and time, not later 

than 24 hours after its issuance, for a hearing to be held 

before the governor. 

(c) Not more than 24 hours after the 

commencement of this hearing, and without adjournment of 

it, the governor shall affinn, modify, or set aside the order 

of the executive director. 

(2) (a) In the absence of a generalized condition 

of air pollution referred to in Subsection ( 1 ), but if the 

executive director finds that emissions from the operation 

of one or more air contaminant sources is causing imminent 

danger to human health or safety, the executive director 

may commence adjudicative proceedings under Section 

630-4-502. 

(b) Notwithstanding Section 19-1-30 I, the 

executive director may conduct the emergency adjudicative 

proceeding in place of an administrative law judge. 

(3) Nothing in this section limits any power that 

the governor or any other officer has to declare an 

emergency and act on the basis of that declaration. 

19-2-113 . Variances -- Judicial 

review. 

(1) (a) Any person who owns or is in control of 

any plant, building, stmcture, establishment, process, or 

equipment may apply to the board for a variance from its 

mles. 

(b) The board may grant the requested variance 

following an atmounced public meeting, if it finds, after 

considering the endangerment to human health and safety 

and other relevant factors, that compliance with the mles 

from which variance is sought would produce serious 

hardship without equal or greater benefits to the public. 

(2) A variance may not be granted under this 

section until the board has considered the relative interests 

of the applicant, other owners of property likely to be 

affected by the discharges, and the general public. 

(3) Any variance or renewal of a variance shall 

be granted within the requirements of Subsection (1) and 

for time periods and under conditions consistent with the 

reasons for it, and within the following limitations: 

(a) if the variance is granted on the grounds that 

there are no practicable means known or available for the 

adequate prevention, abatement, or control of the air 

pollution involved, it shall be only until the necessary 

means for prevention, abatement, or control become known 

and available, and subject to the taking of any substitute or 

alternate measures that the board may prescribe; 

(b) (i) if the variance is granted on the grounds 

that compliance with the re.quirements from which variance 

is sought will require that measures, because· of their extent 

or cost, must be spread over a long period of time, the 

variance shall be granted for a reasonable time that, in the 

view of the board, is required for implementation of the 

necessary measures; and 

(ii) a variance granted on this ground shall 

contain a timetable for the implementation of remedial 

measures in an expeditious manner and shall be 

· conditioned on adherence to the timetable; or 

(c) if the variance is granted on the ground that it 

is necessary to relieve or prevent hardship of a kind other 

than that provided for in Subsection (a) or (b), it shall not 

be granted for more than one year. 
( 4) (a) Any variance granted under this section 

may be renewed on terms and conditions and for periods 

that would be appropriate for initially granting a variance. 

(b) If a complaint is made to the board because 

of the variance, a renewal may not be granted unless, 

following an announced public meeting, the board finds 

that renewal is justified. 

(c) To receive a renewal, an applicant shall 

submit a request for agency action to the board requesting a 

renewal. 

(d) Immediately upon receipt of an application 

for renewal, the board shall give public notice of the 

application as required by its rules. 

(5) (a) A variance or renewal is not a right of the 

applicant or holder but may be granted at the board's 

discretion. 

(b) A person aggrieved by the board's decision 

may obtain judicial review. 

(c) Venue for judicial review of infonnal 

adjudicative proceedings is in the district court in which the 

air contaminant source is situated. 

(6) (a) The board may review any variance 

during the tenn for which it was granted. 

(b) The review procedure is the same as that for 

an original application. 

(c) The variance may be revoked upon a finding 

that: 

(i) the nature or amount of emission has .changed 

or increased; or 

(ii) if facts existing at the date of the review had 

existed at the time of the original application, the variance 

would not have been granted. 

(7) Nothing in this section and no variance or · 

renewal granted pursuant to it shall be construed to prevent 

or'limit the application of the emergency provisions and 

procedures of Section 19-2-112 to any person or property. 

19-2-114. Activities not in violation 

of chapter or rules. 

The following are not a violation of this chapter 

or of any rules made under it: 

(I) buming incident to horticultural or 

agricultural operations of: 

(a) prunings from trees, bushes, and plants; or 

(b) dead or diseased trees, bushes, and plants, 

including stubble; 

(2) buming of weed growth along ditch bar1ks 

incident to clearing these ditches for irrigation purposes; 

(3) controlled heating of orchards or other crops 

to lessen the chances of their being frozen so long as the 

(7) A person who knowingly violates any 

requirement of an applicable implementation plan adopted 

by the board, more than 30 days after having been notified 

in writing by the executive secretary that the person is 

violating the requirement, knowingly violates an order 

issued under Subsection 19-2-110(1)(a), or knowingly 

handles or disposes of asbestos in violation of a rule made 

under this chapter is guilty of a third degree felony and 

subject to imprisonment under Section 76-3-203 and a fine 

of not more than $25,000 per day of violation in the case of 

emissions from this heating do not violate minimum 

standards set by the board; and 

(4) the controlled buming of not more than two 

structures per year by an organized and operating fire 

department for the purpose of training fire service 

personnel when the United States Weather Service clearing 

index is above 500. 

19-2-115. Violations -- Penalties --

Reimbursement for expenses. 

(1) As used in this section, the tenns 

"knowingly," "willfully," and "criminal negligence" shall 

mean as defined in Section 76-2-103. 

(2) (a) A person who violates this chapter, or any 

rule, order, or pennit issued or made under this chapter is 

subject in a civil proceeding to a penalty not to exceed 

$1 0,000 per day for each violation. 

(b) Subsection (2)(a) also applies to rules made 

under the authority of Section 19-2-104, for 

implementation of 15 U.S.C.A.. 2601 et seq., Toxic 

Substances Control Act, Subchapter II - Asbestos Hazard 

Emergency Response. 

(c) Penalties assessed for violations described in 

IS U.S.C.A. 2647, Toxic Substar1ces Control Act, 

Subchapter II -Asbestos Hazard Emergency Response, 

may not exceed the amounts specified in that section and 

shall be used in accordance with that section. 

(3) A person is guilty of a class A misdemear1or 

and is subject to imprisonment under Section 76-3-204 and 

a fine of not more than $25,000 per day of violation if that 

person knowingly violates any of the following under this 

chapter: 

(a) an applicable standard or limitation; 

(b) a permit condition; or 

(c) a fee or filing requirement. 

( 4) A person is guilty of a third degree felony 

and is subject to imprisonment under Section 76-3-203 and 

a fine of not more than $25,000 per day of violation who 

knowingly: 

(a) makes any false material statement, 

representation, or certification, in any notice or report 

required by permit; or 

(b) renders inaccurate any monitoring device or 

method required to be maintained by this chapter or 

applicable rules made under this chapter. 

(5) Any fine or penalty assessed under 

Subsections (2) or (3) is in lieu of any penalty under 

Section 19-2-109.1. 

(6) A person who willfully violates Section 19-2-

120 is guilty of a class A misdemeanor. 

the first offense, and not more than $50,000 per day of 

violation in the case of subsequent offenses. 

(8) (a) As used in this section: 

(i) "Hazardous air pollutar1t" means any 

hazardous air pollutant listed under 42 U.S.C. 7412 or any 

extremely hazardous substar1ce listed under 42 U.S.C. 

11 002(a)(2). 

(ii) "Organization" means a legal entity, other 

than a government, established or organized for any 

purpose, and includes a corporation, company, association, 

firm, partnership, joint stock company, foundation, 

\t 
institution, trust. society, union, or any other association of 

persons. 

(iii) "Serious bodily injury" means bodily injury 

which involves a substantial risk of death, unconsciousness, 

extreme physical pain, protracted and obvious 

disfigurement, or protracted Joss or impairment of the 

function of a bodily member, organ, or mental faculty. 

(b) (i) A person is guilty of a class A 

misdemeanor and subject to imprisonment under Section 

76-3-204 and a fine of not more than $25,000 per day of 

violation if that person with criminal negligence: 

(A) release'S into the ambient air any hazardous 

air pollutant; and 

(B) places another person in imminent danger of 

death or serious bodily injury. 

(ii) As used in this Subsection (8)(b), "person" 

does not include an employee who is carrying out the 

employee's normal activities and who is not a part of senior 

management personnel or a corporate officer. 

(c) A person is guilty of a second degree felony 

and is subject to imprisonment under Section 76-3-203 and 

a fine of not more than $50,000 per day of violation if that 

person: 

(i) knowingly releases into the ambient air any 

hazardous air pollutant; and 

(ii) knows at the time that the person is placing 

another person in imminent danger of death or serious 

bodily injury. 

(d) If a person is an organization, it shall, upon 

conviction of violating Subsection (8)(c), be subject to a 

fine of not more than $1,000,000. 

· (e) (i) · A defendant who is an individual is 

considered to have acted knowingly under Subsections 

(8)(c) 'and (d), if: 

(c) The department shall regulate 

reimbur~ements by making rules in accordance with Title 

63G, Chapter 3, Utah Administrative Rulemaking Act, that: 

(i) define qualifying environmental enforcement 

activities; and 

(ii) define qualifying extraordinary expenses. 

19-2-116. Injunction or other 

remedies to prevent violations -- Civil actions 

not abridged. 

(1) Action under Section 19-2-115 does not bar 

enforcement of this chapter, or any of the rules adopted 

under it or any orders made under it by injunction or other 

appropriate remedy. The board has the power to institute 

and maintain in the name of the state any and all 

enforcement proceedings. · 

(2) This chapter does not abridge, limit, impair, 

create, enlarge, or otherwise affect substantively or 

procedurally the right of any person to damages or other 

relief on account of injury to persons or property and to 

maintain any action or other appropriate proceeding for this 

purpose. 

(3) (a) In addition to any other remedy created in 

this chapter, upon failure of any person to comply with any 

provision of this chapter or any rule adopted under it or any 

final order made by the board, the executive secretary, or 

the executive director and when it appears necessary for the 

(A) the defendant's conduct placed another 

person in imminent danger of death or serious bodily 

injury; and 

(B) the defendant was aware of or believed that 

there was an imminent danger of death or serious bodily 

injury to another person. 

(ii) Knowledge possessed by a person other than 

the defendant may not be attributed to the defendant. 

(iii) Circumstantial evidence may be used to 

prove that the defendant possessed actual knowledge; 

including evidence that the defendant took affinnative steps 

to be shielded from receiving relevant infonnation. 

(f) (i) It is an affirmative defense to prosecution 

under this Subsection (8) that the conduct charged was 

freely consented to by the person endangered and that the 

danger and conduct charged were reasonably foreseeable 

hazards of: 

(A) an occupation, a business, a profession; or 

(B) medical treatment or medical or scientific 

experimentation conducted by professionally approved 

methods and the other person was aware of the risks 

involved prior to giving consent. 

(ii) The defendant has the burden of proof to 

establish any affirmative defense under this Subsection 

(8)(f) and must prove that defense by a preponderance of 

the evidence. 

(9) (a) Except as provided in Subsection (9)(b), 

and unless prohibited by federal law, all penalties assessed 

and collected under the authority of this section shall be 

deposited in the General Fund. 

(b) The department may reimburse itself and 

local governments from monies collected from civil 

penalties for extraordinary expenses incurred in 

environmental enforcement activities. 

protection of health and welfare, the board may initiate 

through its executive secretary an action for appropriate 

injunctive relief. 

(b) The attorney general shall bring injunctive 

relief actions on request. 

(c) A bond is not required. 

19-2-117. Attorney general as legal 

advisor to board -- Duties of attorney general 

and county attorneys. 

(1) The attorney general is the legal advisor to 

the board and its executive secretary and shall defend them 

or any of them in all actions or proceedings brought against 

them or any of them. 

(2) The. county attorney in the county in which a 

cause of action arises may, upon request of the board or its 

executive secretary, bring any action, civil or criminal, to 

abate a condition which exists in violation of, or to 

prosecute for the violation of or to enforce, this chapter or 

the standards, orders, or rules of the board or the executive 

secretary issued under this chapter. 

(3) The board or its executive secretary may 

bring any action and be represented by the attorney general. 

(4) In the event any person fails to comply with a 

cease and desist order of the board or its executive 

secretary that is not subject to a stay pending administrative 

or judicial review, the board may, through its executive 
secretary, initiate an action for, and is entitled to, injunctive 

relief to prevent any further or continued violation of the 

order. 

19-2-118. Violation of injunction 

evidence of contempt. 

Failure to comply with the terms of any 

injunction issued under this chapter is prima facie evidence 

of contempt which is punishable as for other civil 

con tempts. 

19-2-119. Civil or criminal remedies 

not excluded-- Actionable rights under 

chapter-- No liability for acts of God or other 

catastrophes. 

(l) Existing civil or criminal remedies for any 

wrongful action which is a violation of any part of the law 

are not excluded by this chapter. 

(2) Persons other than the state or the board do 

not acquire actionable rights by virtue of this chapter. 

(3) The liabilities imposed for violation of this 

chapter are not imposed for any violation caused by an act 

of God, war, strike, riot, or other catastrophe. 

19-2-120. Information required of 

owners or operators of air contaminant 

sources. 

The owner or operator of any stationary air 

contaminant source in the state shall furnish to the board 

the reports required under Section 19-2-104 and any other 

information the board finds necessary to determine 

wh~ther the source is in compliance with state and federal 

regulations and standards. The information shall be 

correlated with applicable emission standards or limitations 

and shall be available to the public during normal business 

hours at the office of the department. 

19-2-121 . Ordinances of political 

subdivisions authorized. 

Any political subdivision of the state may enact 

and enforce ordinances to control air pollution that are 

consistent with this chapter. 

19-2-122. Cooperative agreements 

between political subdivisions aiid 

department. 

(i) Any political subdivision of the state may 

enter into and perform with other political subdivisions of 

the state or with the department contracts and agreements 

as they find proper for establishing, planning, operating, 

and financing air pollution programs. 

(2) The agreements may provide for an agency 

to: 

(a) supervise and operate an air pollution 

program; 

(b) prescribe, subject to the approval of the 

board, the agency's powers and duties; and 

(c) fix the compensation of the agency's 

members and employees. 

19-2-123 . Tax relief to encourage 

investment in facilities -- Sales and use tax 

exemption. 

(I) It is in the public interest of the state to 

encourage, through tax relief, investment in pollution 

control and pollution elimination facilities while at the 

same time making and keeping the state an attractive 

location for continued industrial development, including 

the expansion of existing plants, thereby increasing 

employment and payrolls and upgrading the natural 

resources of the state. 

(2) All materials and equipment purchased, 

leased, or otherwise procured and services utilized for the 

construction or installation in a pollution control facility are 

exempt from sales and use taxes imposed by Title 59, 

Chapter 12, Sales and Use Tax Act, upon obtaining a 

certification of pollution control facility from the board. 

19-2-124. Application for 

certification of pollution control facility --

Refunds -- Interest. 

(1) (a) A person who qualifies under Subsection 

(2) may apply to the board for certification of a pollution 

control facility erected, constructed, or installed, or to be 

erected, constructed, or installed in the state. 

(b) The person may file the application after: 

(i) a firm construction contract has been entered; 

or 

(ii) construction has commenced. 

(2) (a) (i) A person who applies under 

Subsection (1) shall be: 

(A) the owner of a trade or business that uses 

property in the state requiring a pollution control facility to 

prevent or minimize pollution; or 

(B) a person who, as a lessee or pursuant to an 

agreement, conducts the trade or business that operates or 

uses the property. 

(ii) For purposes of this Subsection (2), "owner" 

includes a contract purchaser. 

(b) The facility shall be owned, operated, or 

leased during a part of the tax year in which the exemption 

is claimed. 

(c) A person who obtains certification for a 

pollution control facility may claim an exemption from 

sales and use taxes as provided in Sections 19-2-123 and 

59-12-104. 

(d) A person who pays a tax under Title 59, 

Chapter 12, Sales and Use Tax Act, on a purchase of 

tangible personal property or services used in the 

construction of or incorporated into a pollution control 

facility that: 

(i) is not certified under Section 19-2-125, may 

obtain a refund of the tax if: 

(A) the board subsequently certifies the pollution 

control facility; 

(B) the tangible personal property or services 

meet the requirements for exemption provided in 
\\\ 

Subsections 19-2-123(2) and 59-12-1 04(11 ), except for the 

certification requirement; and 

(C) the person files a claim for the refund with 

the State Tax Commission within the lesser of: 

(I) three years after the day on which the 

pollution control facility is certified under Section 19-2-

125; or 

(II) six years after the day on which the person 

pays the lax under Title 59, Chapter 12, Sales and Use Tax 

Act; or 

(ii) is certified under Section 19-2-125, may 

obtain a refund of the tax if: 

(A) the tangible personal property or services 

meet the requirements for exemption provided in 

Subsections 19-2-123(2) and 59-12-104(11); and 

(B) the person files a claim for the refund with 

the State Tax Commission within tluee years after the day 

on which the person pays the tax under Title 59, Chapter 

12, Sales and Use Tax Act. 

(e) (i) If a person files a claim for a refund of 

taxes under Subsection (2)( d)(i) paid on a purchase of 

tangible personal property or services used in the 

constmction of or incorporated into a pollution control 

facility that was not certified under Section 19-2-125 at the 

time of the purchase: 

(A) within 180 days after the day on which the 

board certifies the pollution control facility, interest shall 

accrue to the amount of the refund granted by the State Tax 

Conunission: 

(I) at the rate prescribed in Section 59-1-402; 

and 

(II) beginning on the day on which the person 

pays the tax under Title 59, Chapter 12, Sales and Use Tax 

Act, for which the person is claiming a refund; or 

(B) more than 180 days after the day on which 

the board certifies the pollution control facility, interest 

shall be added to the amount of the refund granted by the 

State Tax Commission: 

(I) at the rate prescribed in Section 59-1-402; 

and 

(II) beginning 30 days after the day on which the 

person files the claim for a refund under Subsection (2)( d). 

(ii) If a person files a claim for a refund of taxes 

under Subsection (2)(d)(ii) paid on a purchase of tangible 

personal property or services used in the constmction of or 

incorporated into a pollution control facility that was 

certified under Section 19-2-125 at the time of the 

purchase, interest shall accrue to the amount of the refund 

granted by the State Tax Commission: 

(A) at the rate prescribed in Section 59-1-402; 

and 

(B) beginning 30 days after the day on which the 

person files a claim for a refund under Subsection (2)(d). 

(3) (a) Each application shall: 

(i) be in a format prescribed by the board; and 

(ii) contain: 

(A) a description of the facility and materials 

incorporated in the facility; 

(B) the machinery and equipment; 

(C) the existing or proposed operational 

procedure; and 

(D) a statement of the purpose of pollution 

prevention, control, or reduction served or to be served by 

the facility. 

(b) The board may require any further 

infonnation it finds necessary before issuance of a 

certificate. 

19-2-125. Action on application for 

certification. 

(1) (a) The board shall certify the facility if, after 

c.onsulting with the State Tax Commission, the board finds 

that: 

(i) a pollution control facility or a part of a 

pollution control facility, for which application is made 

under Section 19-2-124: 

(A) was or is to be erected, constructed, 

acquired, or installed; and 

(B) is designed and is being operated or will 

operate primarily to prevent, control, or reduce air or water 

pollution; and 

(ii) the applicant qualifies under Section 19-2-

124. 

(b) If one or more facilities constitute an 

operational unit, the board may certify those facilities under 

one certificate. 

(2) (a) The board and the State Tax Commission 

shall act on an application under Section 19-2-124 before 

the !20th day after filing. 

(b) Failure of the board and the State Tax 

Commission to timely act constitutes automatic acceptance 

of the application and the board shall furnish a certificate to 

the applicant on demand. 

19-2-126. Revocation of certification 

-- Grounds -- Procedure. 

(1) (a) The board, after consulting with the State 

Tax Commission, may revoke the certification issued under 

Section 19-2-125 of any pollution control facility if it finds 

that the: · 

(i) certification was obtained by fraud or gross 

misrepresentation; or 

(ii) holder of the certificate has failed 

substantially to operate the facility for the purpose of, and 

to the extent necessary to prevent, control, or reduce air or 

water pollution ilS specified in the certificate. 

(b) A shutdown of the facility due to force 

majeure, including obsolescence, is not cause to revoke 

certification of any facility. 

(2) (a) The board shall provide notice of the 

revocation by issuing a notice of agency action. 

(b) The holder of the certificate may obtain 

judicial review of the revocation. 

(c) The revocation is final and conclusive unless 

an appeal is taken. 

(d) If the revocation is affirmed on appeal, 

revocation is final on the date notice of revocation was 

received by the holder. 

(3) As soon as a revocation under this section is 

final, the board shall notify the State Tax Commission of 

the revocation. 
(4) (a) If the certification of a pollution control 

facility is revoked, all prior tax relief provided to the holder 

because of the certificate is forfeited. 

(b) The State Tax Commission shall collect taxes 

not paid by the holder because of the tax relief provided the 

holder to the extent pennitted by the applicable statute of 

limitations. 

19-2-127. Rules for administering 

certification for tax relief. 

In addition to the powers granted it, the board 

may formulate, amend, or cancel mles establishing 

procedures for processing and evaluating applications for 

certification, establishing procedures for the issuance and 

revocation of certificates, and all other matters pertaining to 

·the board in administering certification for tax relief on 

pollution control facilities. 
. I 
U tab Administrative Rulemaking Act 

Utah Code Title 63G, Chapter 3 (May 12, 2009) 

Utah Administrative Rulemaking Act. ...... ... .. .......... ..... ..... .... ....... .. ..... .. ..... ... .. ... ....... ... .. .. .. ... ............ ........... ....... .. .............. .. .... .... ... I 

Title 63G. General Government. ........ ..... .. .. ....... ...... ... ......... .. .. ..... ..... .. .... .. ... .... ...... ... ....... ... ........ ... .. .... .. .. ... .. ........... ...... ....... .. .... I 

Chapter 3. Utal1 Administrative Rulemaking Act. .................... .................. .................. ............... ....................... ............. ........ I 

Part I . General Provisions ............ ... .. .... ..... ... .. .. .. .. ............. ..... ... ... .. : .. .... ...... .... ...... ........................... ........................... ........ I 

63G-3-101 . Title ............ ...................... ... ...... ... ........... ........ .... .... .... ....... ... .. .... ......... ... .. .... ........... ........................ .. ... ... ..... I 

63G-3-102. Defmitions .............. .... ... .................................................................................. ......... ............. .... .. ................ I 

Part 2. Circumstances Requiring Rulemaking - Status of Administrative Rules .. .. .. .. .. ... ............ ...... ... .. .. ............ .. .............. 2 

63G-3-20 I. When rulemaking is required .... ...................... .................................. ................... ... ........................ ............. 2 

63G-3-202. Rules having the effect of law ................................. ............................................................. ....................... 3 

Part 3. Rulemaking Proceures ... .. .... .... .. .. ................. .. .. .. ... ... .... ........ .. ............................... ... .................. .... .. ............ ....... ..... 3 

63G-3-301. Rulemaking procedure ... ...... ... .... .. ... ............... ...... .................. ............... .... .. .......... ... .. ................. .. .............. 3 

63G-3-302. Public hearings .... ............ ..... .. .... ..... .. ............. .... .. ..... .... ..... .... ... ......... ... ......... ....... ........ ............................. . 4 

63G-3-303. Changes in mles ............ ... .......... ............. .... ... .... ... ................ ......... ..... .. ....... ........ ........................ .. .. ... .... ..... 4 

63G-3-304. Emergency mlemaking procedure ............. ... ....... ............... .. ............. .. ... .. .. .............. .. ... .. .. ............. ..... ... ... .. 5 

63G-3-305. Agency review of rules-- Schedule of filings-- Limited exemption for certain rules ......... ............ ............ 5 

Part 4. Division of Administrative Rules ... .. ............ ...... ............ .... .............. .. ........ .. .. .. .......................... .... ................ .. ........ 5 

63G-3-401. Division of Administrative Rules created-- Appointment of director. ............ .. .. .. .. .... .. ........ ............ .......... 5 

63G-3-402. Division of Administrative Rules-- Duties generally ................ .. ...................................... .. .. ...................... 6 

63G-3-403 . Repeal and reenactment of Utah Administrative Code ... ............................ .. ...... ...... .................. ....... .. ........ 6 

Part 5. Legislative Oversight. ....... .. ........ .. ..... ................ ...... ..... .. .... ...... ... ......... .. ..... ....... ........... ... .... ... ... ......................... .... . 7 

63G-3-501 . Administrative Rules Review Committee ........ .. ........ ...... ....................................... .. ......... ............... ........... 7 

63G-3-502. Legislative reauthorization of agency mles --Extension of mles by governor . ....................................... .' ... 8 

Part 6. Judicial Review ..... .. .... .. ............ .... .... .... .... ....... .. ......... .... .......... ....................... ........... .. ..... ... ..................... ... ...... ..... 8 

63G-3-601. Interested parties-- Petition for agency action ........... ....... .. .. .... .. .... .. ...... .......... ... .......................... .. .. ....... ... 8 

63G-3-602. Judicial challenge to administrative mles . ...................... .... ...... ........... .. ...... ........ .............................. ... ... .... 8 

63G-3-603. Time for contesting a mle --Statute oflimitations . ........ .... , .............. .................. ....... ................................. 9 

Part 7. Official Compilation of Administrative Rules ............................................ .' ........ ....... ......................... ..................... 9 

63G-3-701. Utall Administrative Code as official compilation of rules-- Judicial notice . ......................... ...................... 9 

63G-3-702. Utall Administrative Code-- Organization-- Official compilation ..... ...................... ....................... .. ........... 9 

Title 63G. General Government. 

Chapter 3. Utah Administrative Rulemaking 

Act. 

Part 1. General Provisions. 

63G-3-101. Title. 

This chapter is known as the "Utah Administrative 

Rulemaking Act." 

Renumbered aud Amended by Chapler 381. Laws ()/Utah 2008 

General Session. ejjectire May 5, 2008 (former~1· Section 63-46a-l) 

63G-3-102. Definitions. 

As used in this chapter: 

(I) "Administrative record" means information an 

agency relies upon when making a mle under this chapter 

including: 

(a) the proposed mle, change in the proposed mle, 

and the rule analysis fonn; 

(b) the public comment received and recorded by 

the agency during the public comment period; 

(c) the agency's response to the public comment; 

(d) the agency's analysis of the public comment; 

and 

(e) the agency's report of its decision-making 

process. 

(2) "Agency" means each state board, authority, 

commission, institution, department, division, officer, or other 

state government entity other than the Legislature, its 

committees, the political subdivisions of the state, or the 

courts, which is authorized or required by law to make mles, 

adjudicate, grant or withhold licenses, grant or withhold relief 

from legal obligations, or perform other similar actions or 

duties delegated by law. 

(3) "Bulletin" means the'Utah State Bulletin. · 

(4) "<:;atchline" means a short summary of each section, 

part, rule, or title of the code that follows the section, part, 

mle, or title reference placed before the text of the rule and 

serves the same functipn as boldface in legislation as 

described in Section 68-3-13 . 

( 5) "Code" means the body of all effective mles as 

compiled and organized by the division and entitled "Utah 

Administrative Code." 

(6) "Director" means the director of the Division of 

Administrative Rules. 
Utah Administrative Rulemaking Act, 2009 

(7) "Division" means the Division of Administr;;ttive 

Rules. 

(8) "Effective" means operative and enforceable. 

(9) (a) "File" means to submit a document to the 

division as prescribed by the division. 

(b) "Filing date" means the day and time the 

document is recorded as received by the division. 

(l 0) "Interested person" means any person affected by 

or interested in a proposed mle, amendment to an existing 

rule, or a nonsubstantive change made tmder Section 630-3-

402. 

(II) "Order" means an agency action that determines the 

legal rights, duties, privileges, immunities, or other interests 

of one or more specific persons, but not a class of persons. 

(12) "Person" means any individual, partnership, 

corporation, association, governmental entity, or public or 

private organization of any character other than an agency. 

(13) "Publication" or "publish" means making a mle 

available to the public by including the mle or a summary of 

the mle in the bulletin. 

(14) "Publication date" means the inscribed date of the 

bulletin. 

(15) "Register" may include an electronic database. 

( 16) (a) "Rule" means an agency's written statement 

that: 

(i) is explicitly or implicitly required by state 

or "federal statute or other applicable law; 

(ii) implements or interprets a state or federal 

legal mandate; and 

(iii) applies to a class of persons or another 

agency. 

(b) "Rule" includes the amendment or repeal of.an 

existing mle. 

(c) "Rule" does not mean: 

(i) orders; 

(ii) an agency's written statement that applies 

only to internal management and that does not 

restrict the legal rights of a public class of persons 

or another agency; 

(iii) the governor's executive orders or 

proclamations; 

(iv) opinions issued by the attorney general's 

office; 

(v) declaratory mlings issued by the agency 

according to Section 630-4-503 except as required 

by Section 630-3-201; 

(vi) mlings by an agency in adjudicative 

proceedings, except as required by Subsection 630-

3-201(6); or 

(vii) an agency written statement that is in 

violation of any state or federal law. 

(17) "Rule analysis" means the format prescribed by the 

division to summarize and analyze mles. 

(18) "Small business" means a business employing 

fewer than 50 persons. 

(19) "Substantive change" means a change in a mle that 

affects the application or results of agency actions. 

Renumbered and Amended by Chapter 382. La11·s of Utah 2008 

Ce11eml Sessiol/. </lective May 5, 2008 (farmer~,. Sec1io11 63-.J6a-2) 

2 

Page2 

Part 2. Circumstances Requiring Rulemaking -

Status of Administrative Rules. 

63G-3-201. When rulemaking is required. 

(I) Each agency shall: 

(a) maintain a current version of its mles; and 

(b) make it available to the public for inspection 

during its regular business hours. 

(2) In addition to other mlemaking required by law, 

each agency shall make mles when agency action: 

and 

(a) authorizes, requires, or prohibits an action; 

(b) provides or prohibits a material benefit; 

(c) applies to a class of persons or another agency; 

(d) is explicitly or implicitly authorized by statute. 

(3) Rulemaking is also required when an agency issues a 

written interpretation of a state or federal legal mandate. 

(4) Rulemaking is not required when: 

(a) agency action applies only to internal agency 

management, inmates or residents of a state correctional, 

diagnostic, or detention facility, persons under state legal 

custody, patients admitted to a state hospital, members of 

the state retirement system, or students enrolled in a state 

education institution; 

(b) a standardized agency manual applies only to 

internal fiscal or administrative details of governmental 

entities supervised under statute; 

(c) an agency issues policy or other statements that 

are advisory, informative, or descriptive, and do not 

confonn to the requirements of Subsections (2) and (3); 

or 

(d) an agency makes nonsubstantive changes in a 

mle, except that the agency shall file all nonsubstantive 

changes in a mle with the division. 

(5) (a) A mle shall enumerate any penalty authorized by 

statute that may result from its violation, subject to 

Subsections (5)(b) and (c). 

(b) A violation of a mle may not be subject to the 

criminal penalty of a class C misdemeanor or greater 

offense, except as provided under Subsection (5)(c). 

(c) A violation of a mle may be subject to a class C 

or greater criminal penalty under Subsection (5)(a) 

when: 

(i) authorized by a specific state statute; 

(ii) a state law and programs under that law 

are established in order for the state to obtain or 

maintain primacy over a federal program; or 

(iii) state civil or criminal penalties 

established by state statute regarding the program 

are equivalent to or less than corresponding federal 

civil or criminal penalties. 

(6) Each agency shall enact mles incorporating the 

principles of!aw not already in its mles that are established 

by final adjudicative decisions within 120 days after the 

decision is rumounced in its cases. 

(7) (a) Each agency may enact a mle that incorporates 

by reference: 

(i) all or any part of another code, mle, or 

regulation that has been adopted by a federal 

agency, an agency or political subdivision of this 

state, an agency of another state, or by a nationally 

recognized organization or association; 
Utah Administrative Rulemaking Act, 2009 

(ii) state agency implementation plans 

mandated by the federal govemment for 

participation in the federal program; 

(iii) lists, tables, illustrations, or similar 

materials that are subject to frequent change, fully 

described in the mle, and are available for public 

inspection; or 

(iv) lists, tables, illustrations, or similar 

materials that the director detennines are too 

expensive to reproduce in the administrative code. 

(b) Rules incorporating materials by reference 

shall: 

(i) be enacted according to the procedures 

outlined in this chapter; 

(ii) state that the referenced material is 

incorporated by reference; 

(iii) state the date, issue, or version of the 

material being incorporated; and 

(iv) define specifically what material is 

incorporated by reference and identify any agency 

deviations from it. 

(c) The agency shall identify any substantive 

changes in the material incorporated by reference by 

following the mlemaking procedures of this chapter. 

(d) The agency shall maintain a complete and 

current copy of the referenced material available for 

public review at the agency and at the division. 

(8) (a) This chapter is not intended to inhibit the 

exercise of agency discretion within the limits prescribed by 

statute or agency rule. 

(b) An agency may enact a mle creating a justified 

exception to a mle. 

(9) An agency may obtain assistance from the attomey 

general to ensure that its mles meet legal and constitutional 

requirements . 

. ~l(it?llded by Chapter 3-17, Ltnvs ojU1ah 2009 General Session, 

e.llitctil·e May / 2, 2009 (farmeJ·!v SecliOII 63-.f!ia-3) 

63G-3-202, Rules having the effect of law. 

(I) An agency's written statement is a mle if it conforms 

to the definition of a mle under Section 630-3-102, but the 

written statement is not enforceable unless it is made as a mle 

in accordance with the requirements of this chapter. 

(2) An agency's written statement that is made as a mle 

in accordance with the requirements of this chapter is 

enforceable and has the effect oflaw. 

Renumbered and Amended by Chapter 382. Lrn•s ofUwh :!008 

General Session, e.tJectire Mav 5. :!008 (formerly Section 63-46a-3.5) 

Part 3. Rulemaking Procedures. 

63G-3-301. Rulemaking procedure. 

(1) An agency authorized to make mles is also 

authorized to amend or repeal those mles. 

(2) Except as provided in Sections 630-3-303 and 630-

3-304, when making, amending, or repealing a rule agencies 

shall comply with: 

3 

(a) the requirements of this section; 

(b) consistent procedures required by other statutes; 

(c) applicable federal mandates; and 

(d) mles made by the division to implement this 

chapter. 

Page 3 

(3) Subject to the requirements of this chapter, each 

agency shall develop and use flexible approaches in drafting 

rules that meet the needs of the agency and that involve 

persons affected by the agency's mles. 

(4) (a) Each agency shall file its proposed mle and mle 

analysis with the division. 

(b) Rule amendments shall be marked with new 

language underlined and deleted language stmck out. 

(c) (i) The division shall publish the infonnation 

required under Subsection (8) on the mle analysis and 

the text of the proposed mle in the next issue of the 

bulletin. 

(ii) For mle amendments, only the section or 

subsection of the mle being amended need be 

printed. 

(iii) If the director determines that the mle is 

too long to publish, the director shall publish the 

mle analysis and shall publish the mle by reference 

to a copy on file with the division. 

(5) Prior to filing a rule with the division, the 

department head shall consider and comment on the fiscal 

impact a mle may have on businesses. 

(6) If the agency reasonably expects that a proposed mle 

will have a measurable negative fiscal impact on small 

businesses, the agency shall consider, as allowed by federal 

law, each of the following methods of reducing the impact of 

the rule on small businesses: 

(a) establishing less stringent compliance or 

reporting requirements for small businesses; 

(b) establishing less stringent schedules or 

deadlines for compliance or reporting requirements for 

small businesses; 

(c) consolidating or simplifying compliance or 

reporting requirements for small businesses; 

(d) establishing performance standards for small 

businesses to replace design or operational standards 

required in the proposed rule; and 

(e) exempting small businesses from all or any part 

of the requirements conta.ined in the proposed mle. 

(7) If during the public comment period an agency 

receives comment that the proposed rule will cost small 

business more than one day's annual average gross receipts, 

and the agency had not previously performed the analysis in 

Subsection (6), the agency shall perform the analysis 

described in Subsection ( 6). 

(8) The mle analysis shall contain: 

(a) a summary of the mle or change; 

(b) the purpose of the mle or reason for the change; 

(c) the statutory authority or federal requirement 

for the mle; 

(d) the anticipated cost or savings to: 

(i) the state budget; 

(ii) local governments; 

(iii) small businesses; and 

(iv) persons other than small businesses, 

businesses, or local governmental entities; 

(e) the compliance cost for affected persons; 

(f) how interested persons may review the full text 

of the mle; 

(g) how interested persons may present their views 

on the mle; 
Utah Administrative Rulemaking Act, 2009 

(h) the time and place of any scheduled public 

hearing; 

(i) the name and telephone number of an agency 

employee who may be contacted about the rule; 

(j) the name of the agency head or designee who 

authorized the rule; 

(k) the date on which the mle may become 

effective following the public comment period; and 

(l) comments by t~e department head on the fiscal 

impact the mle may have on businesses. 

(9) (a) For a mle being repealed and reenacted, the mle 

analysis shall contain a summary that generally includes the 

following: 

(i) a summary of substantive provis.ions in the 

repealed mle which are eliminated from the enacted 

mle; and 

(ii) a summary of new substantive provisions 

appearing only in the enacted mle. 

(b) The summary required under this Subsection 

(9) is to aid in review and may not be used to contest any 

rule on the ground of noncompliance with the procedural 

requirements of this chapter. 

(l 0) A copy of the rule analysis shall be mailed lu all 

persons who have made timely request of the agency for 

advance notice of its mlemaking proceedings and to any other 

person who, by statutory or federal mandate or in the 

judgment of the agency, should also receive notice. 

(11) (a) Following the publication date, the agency shall 

allow at least 30 days for public comment on the mle. 

(b) The agency shall review and evaluate all public 

comments submitted in writing within the time period 

under Subsection (11)(a) or presented at public hearings 

conducted by the agency within the time period under 

Subsection (11 )(a). 

(12) (a) Except as provided in Sections 630-3-303 and 

630-3-304, a proposed mle becomes effective on any date 

specified by the agency that is no fewer than seven calendar 

days after the close of the public comment period under 

Subsection (11), nor more than 120 days after the publication 

date. 

(b) The agency shall provide notice of the rule's 

effective date to the division in the form required by the 

division. . 

(c) The notice of effective date may not provide for 

an effective date prior to the date it is received by the 

division. 

(d) The division shall publish notice of the 

effective date of the rule in the next issue of the bulletin. 

(e) A proposed rule lapses if a notice of effective 

date or a change to a proposed mle is not filed with the 

division within 120 days of publication. 

(13) (a) As used in this Subsection (13), "initiate 

rulemaking proceedings" means the filing, for the purposes of 

publication in accordance with Subsection (4), of an agency's 

proposed rule that is required by state statute. 

(b) A state agency shall initiate mlemaking 

proceedings no later than 180 days after the effective 

date of the statutory provision that specifically requires 

the rulemaking, except under Subsection (13)(c). 

(c) When a statute is enacted that requires agency 

mlymaking and the affected agency already has rules in 

place that meet the statutory requirement, the agency 

Page4 

shall submit the mles to the Administrative Rules 

Review Committee for review within 60 days after the 

statute requiring the mlemaking takes effect. 

(d) If a state agency does not initiate mlemaking 

proceedings in accordance with the time requirements in 

Subsection (l3)(b), the state agency shall appear before 

the legislative Administrative Rules Review Committee 

and provide the reasons for the delay. 

Amended by Ch.-;prer 93. L.1ws of (Jrah :!009 General Session. 

e((<'clive :\1a.1· I 2. 2009 (fim11erly Section 63-46a-4j 

63G-3-302. Public hearings. 

(l) Each agency may hold a public hearing on a 

proposed mle, amendment to a mle, or repeal of a mle during 

the public comment period. 

(2) Each agency shall hold a public hearing on a 

proposed mle, amendment to a mle, or repeal of a mle if: 

(a) a public hearing is required by state or federal 

mandate; 

(b) (i) another state agency, ten interested persons, 

or an interested association having not fewer than ten 

members request a public bearing; and 

(ii) the agency receives the request in writing 

not more than 15 days after the publication date of 

the proposed mle. 

(3) The agency shall hold the hearing: 

(a) before the mle becomes effective; and 

(b) no less than seven days nor more than 3 0 days 

after receipt of the request for hearing. 

Renumbered and Anr.•mled by Chapter 382. Laws of Urah 2008 

General Session, effectil·e Mm· 5. 2008 (f"ormerly Section 63-46a-5) 

63G-3-303. Changes in rules. 

(1) (a) To change a proposed rule already published in 

the bulletin, an agency shall file with the division: 

(i) the text of the changed rule; and 

(ii) a rule analysis containing a description of 

the change and the information required by Section 

630-3-301. 

(b) A change to a proposed rule may not be filed 

more than 120 days after publication of the rule being 

changed. 

(c) The division shall publish the rule analysis for 

the changed rule in the bulletin. 

(d) The changed proposed rule and its associated 

proposed rule will become effective on a date specified 

by the agency, not less than 30 days or more than 120 

days after publication of the last change in proposed rule. 

(e) A changed proposed rule and its associated 

proposed rule lapse if a notice of effective date or 

another change to a proposed rule is not filed with the 

division within 120 days of publication of the last change 

in proposed rule. 

(2) If the mle change is nonsubstantive: 

(a) the agency need not comply with the 

requirements of Subsection (l ); and 

(b) the agency shall notify the division of the 

change in writing. 

(3) If the mle is effective, the agency shall amend the 

rule according to the procedures specified in Section 630-3-

301. 
Utah Administrative Rulemaking Act, 2009 

Rem}nthcrcd on) Ank'!tdi..:d hy Chupl!.!r 35?], L..iW.\' ,>j"l_.:'ttri; ~(!()8 

G{:tlr;:n;i Scs.,fori. t:!f(:cth'(' .1/,~_·,: 5. ]()08 (f(;rmerly .)~ecfiun 63--i6a-(iJ 

63G-3-304. Emergency rulemaking procedure. 

(I) All agencies shall comply with the mlemaking 

procedures of Section 63G-3-301 unless an agency finds that 

these procedures would: 

(a) cause an irruninent peril to the public health, 

safety, or welfare; 

(b) cause an imminent budget reduction because of 

budget restraints or federal requirements; or 

(c) place the agency in violation of federal or state 

law. 

(2) (a) When finding that its mle is excepted from 

regular mlemaking procedures by this section, the agency 

shall file with the division: 

(i) the text of the mle; and 

(ii) a mle analysis that includes the specific 

reasons and justifications for its findings. 

(b) The division shall publish the mle in the 

bulletin as provided in Subsection 63G-3-301(4). 

(c) The agency shall notifY interested persons as 

provided in Subsection 63G-3-30! (I 0). 

(d) The mle becomes effective for a period not 

exceeding 120 days on the date of filing or any later date 

designated in the mle. 

(3) If the agency intends the rule to be effective beyond 

120 days, the agency shall also comply with the procedures of 

Section 63G-3-301 . 

..Jmeildcd by Chapli•r 300. L<rws (>/Utah :!008 Generai S~·ssiun; and 

Renumbered ,mJ Amended hr Chapter 382. Laors ()(Utah 2008 

Generai Sessio11. effec!iJ·e May 5, 2008 ({ormer~1· Seuion 63--46a-7! 

63G-3-305. Agency review of rules-- Schedule of filings --

Limited exemption for certain rules. 

(I) Each agency shall review each of its mles within 

fiv~ years of the mle's original effective date or within five 

years of the filing of the last five-year review, whichever is 

later. Rules effective prior to 1992 need not be reviewed until 

1997. 

(2) An agency may consider any substantial review of a 

mle to be a five-year review. If the agency chooses to 

consider a review a five-year review, it shall follow the 

procedures outlined in Subsection (3). 

(3) At the conclusion of its review, the agency shall file 

a notice of review on or before the anniversary date indicating 

its intent to continue, amend, or repeal the mle. 

5 

(a) If the agency continues the mle, it shall file a 

statement which includes: 

(i) a concise explanation of the particular 

statutory provisions under which the mle is enacted 

and how these provisions authorize or require the 

mle; 

(ii) a summary of written corrunents received 

during and since the last five-year review of the mle 

from interested persons supporting or opposing the 

rule; and · 

(iii) a reasoned justification for continuation 

of the mle, including reasons why the agency 

disagrees with comments in opposition to the mle, 

if any. 

Page 5 

(b) If the agency repeals the rule, it shall comply 

with Section 63G-3-301 . 

(c) If the agency amends and continues the mle, it 

shall comply with tpe requirements of Section 63G-3-

301 and file the statement required in Subsection (3)(a). 

( 4) (a) The division shall publish the notice and 

statement in the bulletin. 

(b) The division may schedule the publication of 

agency notices and statements, provided that no notice 

and statement shall be published more than one year 

after the review deadline established under Subsection 

(I). 

(5) The division shall notifY an agency of rules due for 

review at least 180 days prior to the anniversary date. 

( 6) If an agency finds that it will not meet the deadline 

established in Subsection (1 ): 

(a) the agency may file an extension prior to the 

anniversary date with the division indicating the reason 

for the extension; and 

(b) the division shall publish notice of the 

extension in the next issue of the bulletin. 

(7) An extension permits the agency to file a notice no 

more than 120 days after the anniversary date. 

(8) If an agency fails to file a notice of review or 

extension on or before the date specified in the notice 

mandated in Subsection (5), the division shall: 

(a) publish a notice in the next issue of the bulletin 

that the mle has expired and is no longer enforceable; 

(b) remove the mle from the code; and 

(c) notifY the agency that the rule has expired . 

(9) After a mle expires, an agency must .comply with the 

requirements of Section 63G-3-301 to reenact the rule. 

(10) (a) Rules issued under the following provisions 

related to the Department of Workforce Services or Labor 

Commission that are in effect on July 1, 1997, are not subject 

to the requirements of this section until July 1, 1998: 

(i) Title 34, Labor in General; 

(ii) Title 34A, Utah Labor Code; 

(iii) Title 35A, Utah Workforce Services 

Code; 

(iv) Title 40, Chapter 2, Coal Mines; and 

(v) Title 57, Chapter 21, Utah Fair Housing 

Act. 

(b) Any mle described in Subsection (IO)(a) that 

would have expired on or after July 1, 1997 but before 

July I, 1998, expires July 1, 1998, unless for that mle the 

Department of Workforce Services or Labor 

Corrunission files: 

(i) the notice of review, described in 

Subsection (3); or 

(ii) an extension described in Subsection (6). 

Renumbered and Amended by Chapter 382. Lim'S of Utah 2008 

General Session, eftectil·e Mav 5. 2008 (farmerZ1· Section 63-46a-9) 

Part 4. Division of Administrative Rules. 

63G-3-401. Division of Administrative Rules created--

Appointment of director. 

(1) There is created within the Department of 

Administrative Services the Division of Administrative Rules, 

to be administered by a director. 
Utah Administrative Rulemaking Act, 2009 

(2) The director of administrative rules shall be 

appointed by the executive director with the approval of the 

governor. 

Ri!lwmhcrui o11J .I n~<•ruied by Cfropier 38:?, L<nvs of' Urufr ::OO!i 

G~ncmi S,·.<.<hm. <:ffi·efin' .\fa1' 5. 2008 (!imTI.:r~\' Sccliun t53-46o-9.5J 

63G-3-402. Division of Administrative Rules --Duties 

generally. 

(I) The Division of Administrative Rules shall: 

(a) establish all filing, publication, and hearing 

procedures necessary to make rules under this chapter; 

(b) record in a register the receipt of all agency 

rules, rule analysis forms, and notices of effective dates; 

(c) make the register, copies of all proposed rules, 

and rulemaking documents available for public 

inspection; 

(d) publish all proposed rules, rule analyses, notices 

of effective dates, and review notices in the bulletin at 

least monthly, except that the division. may publish the 

complete text of any proposed rule that the director 

detennines is too long to print or too expensive to 

publish by reference to the text maintained by the 

division; 

(e) compile, format, number, and index all effective 

rules in an administrative code, and periodically publish 

that code and supplements or revisions to it; 

(f) publish a digest of all rules and notices 

contained in the most recent bulletin; 

(g) publish at least annually an index of all changes 

lo the administrative code and the effective date of each 

change; 

· (h) print, or contract to print, all ruleinaking 

publications the division determines necessary to 

implement this chapter; · · ' 

(i) distribute without charge the bulletin arid 

administrative code to state-designated repositories, the 

Administrative Rules Review Committee, the Office of 

Legislative Research and General Counsel, and the two 

houses of the Legislature; 

(j) distribute without charge the digest and index to 

state legislators, agencies, political subdivisions on 

request, and the Office of Legislative Research and 

General Counsel; 

(k) distribute, at prices covering publication costs, 

all paper rulemaking publications to all other requesting 

persons and agencies; 

(I) provide agencies assistance in rulemaking; and 

· (m) administer this chapter and require state 

agencies to comply with filing, publication, and hearing 

procedures. 

(2) The division may after notifying the agency make 

nonsubstantive changes to rules filed with the division or 

published in the bulletin or code by: 

(a) implementing a uniform system of formatting, 

punctuation, capitalization, organization, numbering, and 

wording; 

(b) correcting obvious errors and inconsistencies in 

punctuation, capitalization, numbering, referencing, and 

wording; 

(c) changing a catchline to more accurately reflect 

the substance of each section, part, rule, or title; 

Page 6 

(d) updating or correcting annotations associated 

with a section, part, rule, or title; and 

(e) merging or determining priority of any 

amendment, enactment, or repeal to the same rule or 

section made effective by an agency. 

(3) In addition, the division may make the following 

nonsubstantive changes with the concurrence of the agency: 

(a) eliminate duplication within rules; 

(b) eliminate obsolete and redundant words; and 

(c) correcting defective or inconsistent section and 

paragraph structure in arrangement of the subject matter 

of rules. 

(4) For nonsubstantive changes made in accordance with 

Subsection (2) or (3) after publication of the rule in the 

bulletin, the division shall publish a list of nonsubstantive 

changes in the bulletin. For each nonsubstantive change, the 

list shall include: 

(a) the affected code citation; 

(b) a brief description of the change; and 

(c) the date the change was made. 

( 5) All funds appropriated or collected for publishing 

the division's publications shall be nonlapsing. 

Renumbered a11d Amended b.•· Chapler 381. Law.,· <!!'Utah 200/i 

Ge11eral Session. e!(euh·e Muy 5, 1008 (lormer~•· Sec:! ion 63-46a-/(J! 

63G-3-403. Rep eal and reenactment of Utah 

Administr ative Code. 

(1) When the director determines that the Utah 

Administrative Code requires extensive revision and 

reorganization, the division may repeal the code and reenact a 

new c·ode according to the requirements of this section. 

(2) The division may: 

· (a) reorganize, reformat, and renumber the code; 

(b) require each agency to review its rules and 

make a'ny organizational or substantive changes 

according to the requirements of Section 63G-3-303; and 

(c) require each agency to prepare a brief summary 

of all substantive changes made by the agency. 

(3) The division may make nonsubstantive changes in 

the code by: 

(a) adopting a w1iform system of punctuation, 

capitalization, numbering, and wording; 

(b) eliminating duplication; 

(c) correcting defective or inconsistent section and 

paragraph structure in arrangement of the subject matter 

of rules; 

(d) eliminating all obsolete or redundant words; 

(e) correcting obvious errors and inconsistencies in 

punctuation, capitalization, numbering, referencing, and 

wording; 

(f) changing a catchline to more accurately reflect 

the substance of each section, part, rule, or title; 

(g) updating or correcting annotations associated 

with a section, part, mle, or title; and 

(h) merging or determining priority of any 

amendment, enactment, or repeal to the same mle or 

section made effective by an agency. 

(4) (a) To inform the public about the proposed code 

reenactment, the division shall publish in the bulletin: 

(i) notice of the code reenactment; 
Utah Administrative Rulemaking Act, 2009 

(ii) the date, time, and place of a public 

hearing where members of the public may comment 

on the proposed reenactment of the code; 

(iii) locations where the proposed reenactment 

of the code may be reviewed; and 

(iv) agency summaries of substantive changes 

in the reenacted code. 

(b) To inform the public about substantive changes 

in agency mles contained in the proposed reenactment, 

each agency shall: 

(i) make the text of their reenacted rules 

availab le: 

(A) for public review during regular 

business hours; and 

(B) in an electronic version; and 

(ii) comply with the requirements of 

Subsection 63G-3-301(!0). 

(5) The division shall hold a public hearing on the 

proposed code reenactment no fewer than 30 days nor more 

than 45 days after the publication required by Subsection 

(4)(a). 

(6) The division shall distribute complete text of the 

proposed code reenactment without charge to: 

(a) state-designated repositories in Utah; 

(b) the Administrative Rules Review Committee; 

and 

(c) the Office of Legislative Research and General 

Counsel. 

(7) The former code is repealed and the reenacted code 

is effective at noon on a date designated by the division that is 

not fewer than 45 days nor more than 90 days after the 

publication date required by this section. 

(8) Repeal and reenactment of the code meets the 

requirements of Section 63G-3-305 for a review of all agency 

rules. 

A111,C11ded by Chapter 300, Laws of Utah 2008 General Session: and 

Reiiumbered and Amended by Chapter 382, Laws of Utah 2008 

Gt:iieral Session. e:tfectiw May j, 2008 (tormerlr Section 63-46a105i 

Part 5. Legislative Oversight. 

63G-3-501. Administrative Rules Review Committee. 

(!)(a) There is created an Administrative Rules Review 

Committee often permanent members and four ex officio 

members. 

7 

(b) (i) The committee's permanent members shall 

be composed of five members of the Senate, appointed 

by the president of the Senate, and five members of the 

House, appointed by the speaker of the House, with no 

more than three senators and three representatives from 

the same political party. 

(ii) The ·permanent members shall convene at 

least once each month as a committee to review 

new agency mles, amendments to existing agency 

mles, and repeals of existing agency mles. 

Meetings may be suspended at the discretion of the 

committee chairs. 

(iii) Members shall serve for two-year terms 

or until their successors are appointed. 

(iv) A vacancy exists whenever a committee 

member ceases to be a member of the Legislature, 

or when a member resigns from the committee. 

Page 7 

Vacancies shall be filled by the appointing 

authority, and the replacement shall serve out the 

unexpired term. 

(c) When the committee reviews existing mles, the 

committee's permanent members shall invite the Senate 

and House chainnen of the standing committee and the 

Senate and House chairmen of the appropriation 

subcommittee that have jurisdiction over the agency 

whose existing mles are being reviewed to participate as 

nonvoting, ex officio members with the committee. 

(d) Three representatives and three senators from 

the permanent me1~bers are a quonnn for the transaction 

of business at any meeting. 

(2) Each agency mle as defmed in Section 63G-3-102 

shall be submitted to the committee at the same time public 

notice is given under Section 63G-3-301. 

(3) (a) The corrunittee shall exercise continuous 

oversight of the process of rulemaking. 

(b) The committee shall examine mles submitted 

by each agency to determine: 

(i) whether or not they are authorized by 

statute; 

(ii) whether or not they comply with 

legislative intent; 

(iii) their impact on the economy and the 

govemment operations of the state and local 

political subdivisions; and 

(iv) their impact on affected persons. 

(c) To carry out these duties, the committee may 

examine any other issues that it considers necessary. 

The committee may also notify and refer mles to the 

chairmen of the interim corrunittee which has jurisdiction 

over a particular agency when the committee determines 

that an issue involved in an agency's mles may be more 

appropriately addressed by that committee. 

(d) In reviewing the mles, the committee shall 

follow generally accepted principles of statutory 

construction. 

(4) The1corrunittee may request that the Office of the 

Legislative Fiscal Analyst prepare a fiscal note on any rule. 

(5) In order to accomplish its oversight functions, the 

corrunittee has all the powers granted to legislative interim 

committees as set forth in Section 36-12-11. 

(6) (a) The committee may prepare written findings of 

its review of each rule and may include any · 

recommendations, including legislative action. 

(b) The corrunittee shall provide to the agency that 

enacted the rule: · 

(i) its findings, if any; and 

(ii) a request that the agency notify the 

committee of any changes it makes in the rule. 

(c) The committee shall provide its findings to any 

member of the Legislature and to any person affected by 

the rule who requests the findings. 

(d) The committee shall provide its findings to the 

presiding officers of both the House and the Senate, 

Senate and House chairs ofthe standing committee, and 

the Senate and House chairs of the Appropriation 

Subcommittee that have jurisdiction over the agency 

whose rules are the subject of the findings. 

/ ' 
Utah Administrative Rulemaking Act, 2009 

(7) (a) The committee may submit a report on its review 

of state agency rules to each member of the Legislature at 

each regular session. 

(b) The report shall jnclude: 

(i) the findings and recommendations made by 

the committee under Subsection (6); 

(ii) any action taken by an agency in response 

to committee recommendations; and 

(iii) any recommendations by the committee 

for legislation. 

Rcm.>!llb<?r<.>d ,md Amended by Cih1pter 382. Laws o( Utah 2008 

Geu.?ml Sessio11. e.ftecfivc ,\,Ja)' 5. 21)(18 ({n.rmer/1· Seuio11 63-46u-lll 

63G-3-502. Legislative reauthorization of agency rules --

Extension of rules by governor. 

(I) All grants of rulemaking power from the Legislature 

to a state agency in any statute are made subject to the 

provisions of this section. 

(2) (a) Except as provided in Subsection (2)(b), every 

agency rule that is in effect on February 28 of any calendar 

year expires on May I of that year tmless it has been 

reauthorized by the Legislature. 

(b) Notwithstanding the provisions of Subsection 

(2)(a), an agency's mles do not expire if: 

(i) the rule is explicitly mandated by a federal 

law or regulation; or 

(ii) a provision of Utah's constitution vests the 

agency with specific constitutional authority to 

regulate. 

(3) (a) The Administrative Rules Review Committee 

shall have omnibus legislation prepared for consideration by 

the Legislature during its armual general session. · · 

(b) The omnibus legislation shall be substantially in 

the following form:_ "All mles of Utah state agencies are 

reauthorized except for the following:". 

(c) Before sending the legislation to the governor 

for the governor's action, the Administrative Rules 

Review Committee may send a letter to the governor and 

to the agency explaining specifically why the committee 

believes any rule should not be reauthorized. 

(d) For the purpose of this section, the entire rule a 

single section, or any complete paragraph of a rule ma; 

be excepted for reauthorization in the omnibus 

legislation considered by the Legislature. 

( 4) The Legislature's reauthorization of a rule by 

legislation does not constitute legislative approval of the rule 

nor is it admissible in any proceeding as evidence of ' 

legislative intent. 

(5) (a) If an agency believes that a rule that has not been 

reauthorized by the Legislature or that will be allowed to 

expire should continue i..n full force and effect and is a rule 

within their authorized mlemaking power, the agency may 

seek the governor's declaration extending the rule beyond the · 

expiration date. 

8 

(b) In seeking the extension, the agency shall 

submit a petition to the governor that affirmatively 

states: 

(i) that the mle is necessary; and 

(ii) a citation to the source of its authority to 

make the rule. 

(c) (i) If the govemor finds that the necessity does 

exist, and that the agency has the authority to make the 

Page 8 

rule, the govemor may declare the rule to be extended by 

publishing that declaration in the Administrative Rules 

Bulletin on or before April 15 of that year.. 

(ii). The declaration shall set forth the rule to 

be extended, the reasons the extension is necessary, 

and a citation to the source ofthe agency's authority 

to make the rule. 

(d) If the omnibus bill required by Subsection (3) 

fails to pass both houses of the Legislature or is found to 

have a technical legal defect preventing reauthorization 

of administrative rules intended to be reauthorized by the 

Legislature, the governor may declare all rules to be 

extended by publishing a single declaration in the 

Administrative Rules Bulletin on or before June 15 

without meeting requirements of Subsections (5)(b) and 

(c). . 

Remnnhercd and Amended h_1· Chapter 38). Laws o{Utah 2008 

Gener.-11 Session. etii-uh·e ,\fay 5, 2008 (formerh· S~clin11 63--llia1/.51 . 

Part 6. Judicial Review. 

63G-3-601. Interested parties-- Petition for agency 

action. 

(I) As used in this section, "initiate rulemaking 

proceedings" means the filing, for the purposes of publication 

in accordance with Subsection 63G-3-301(4), of an agency's 

proposed rule to implement a petition for the making, 

amendment, or repeal of a rule as provided in this section. 

(2) An interested person may petition an agency to 

request the making, amendment, or repeal of a mle. 

(3) The division shall prescribe by rule the form for 

petitions and the procedure for their submission, 

cOJ1sideration, and disposition. 

(4) A statement shall accompany the proposed rule, or 

proposed amendment or repeal of a rule, demonstrating that 

the proposed action is within the jurisdiction of the agency 

and appropriate to the powers of the agency. 

(5) Within 60 days after submission of a petition, the 

agency shall either deny the petition in writing, stating its 

reasons for the denial, or initiate rulemaking proceedings. 

(6) (a) If the petition is submitted to a board that has 

been granted rulemaking authority by the Legislature, the 

board shall, within 45 days of the submission of the petition, 

place the petition on its agenda for review. 

(b) Within 80 days of the submission of the 

petition, the board shall either: 

(i) deny the petition in writing stating its 

reasons for denial; or 

(ii) initiate rulemaking proceedings. 

(7) If the agency or board has not provided the petitioner 

written notice that the agency has denied the petition or 

initiated rulemaking proceedings within the time limitations 

specified in Subsection (5) or (6) respectively, the petitioner 

may seek a writ of mandamus in state district court. 

Renumbered and Amended br Chapter 382, La11·s o(Utah 2008 

General Sessio11, effective May 5, 2008 (formerly S~c/io11 63-46a-l i) 

63G-3-602. Judicial challenge to administrative rules. 

(1) (a) Any person aggrieved by a rule may obtain 

judicial review of the mle by filing a complaint with the 

cotmty clerk in the district court where the person resides or 

in the district court in Salt Lake County. 
Utah Administrative Rulemaking Act, 2009 

(b) Any person aggrieved by an agency's failure to 

comply with Section 630-3-20 I may obtain judicial 

review of the agency's failure to comply by filing a 

complaint wi th the clerk of the district court where the 

person resides or in the district court in Salt Lake 

County. 

(2) (a) Except as provided in Subsection (2)(b), a person 

seeking judicial review under this section shall exhaust that 

person's administrative remedies by complying with the 

requirements of Section 630-3-60 I before filing the 

complaint. 

(b) When seeking judicial review of a rule, the 

person need not exhaust that person's administrative 

remedies if: 

(i) less than six months has passed since the 

date that the rule became effective and the person 

had submitted verbal or written comments on the 

rule to the agency during the public conunent 

period; 

(ii) a statute granting rulemaking authority 

expressly exempts rules made under authority of 

that statute from compliance with Section 630-3-

601 ; or 

(iii) compliance with Section 630-3-601 

would cause the person irreparable harm. 

. (3) (a) In addition to the information required by the 

Utah Rules of Civil Procedure, a complaint filed under this 

section shall contain: 

by: 

9 

(i) the name and mailing address of the 

plaintiff; 

(ii) the name and mailing address of the 

defendant agency; 

(iii) the name and mailing address of any other 

party joined in the action as a defendant; 

(iv) the text of the rule or proposed rule, if 

any; 

(v) an allegation that the person filing the 

complaint has either exhausted the administrative 

remedies by complying with Section 630-3-601 or 

met the requirements for waiver of exhaustion of 

administrative remedies established by Subsection 

(2)(b); 

(vi) the relief sought; and 

(vii) factual and legal allegations supporting 

the relief sought. 

(b) (i) The plaintiff shall serve a summons and a 

copy of the complaint as required by the Utah Rules of 

Civil Procedure. 

(ii) The defendants shall file a responsive 

pleading as required by the Utah Rules of Civil 

Procedures. 

(iii) The agency shall file the administrative 

record of the rule, if any, with its responsive 

pleading. 

(4) The district court may grant relief to the petitioner 

(a) declaring the rule invalid, if the court finds that: 

(i) the rule violates constitutional or statutory 

law or the agency does not have legal authority to 

make the rule; 

Page 9 

(ii) the rule is not supported by substantial 

evidence when viewed in light of the whole 

administrative record; or 

(iii) the agency did not follow proper 

rulemaking procedure; 

(b) declaring the rule nonapplicable to the 

petitioner; 

(c) remanding the matter to the agency for 

compliance with proper rulemaking procedures or further 

fact-finding; 

(d) ordering the agency to comply with Section 

630-3-201; 

(e) issuing a judicial stay or injunction to enjoin the 

agency from illegal action or action that would cause 

irreparable harm to the petitioner; or 

(f) any combination of Subsections (4)(a) through 

(e). 

(5) If the plaintiff meets the requirements of Subsection 

(2)(b), the district court may review and act on a complaint 

under this section whether or not the plaintiff has requested 

the agency review under Section 630-3-601. 

Renumbered and Amended by Chapter 382. [,nvs D/ Ut<"th :!f/08 

General Session. e_(feclire M,n· 5. 2008 (limner~\' Seuion 63-46a12.!) 

63G-3-603. Time for contesting a rule -- Statute of 

limitations. 

(1) A proceeding to contest any rule on the ground of 

noncompliance with the procedural requirements of this . 

chapter shall commence within two years of the effective date 

of the rule. · 

(2) A proceeding to contest any rule on the ground of 

not being supported by substantial evidence when viewed in 

light of the whole administrative record shall commence 

within four years of the effective date of the challenged 

action. 

(3) A proceeding to contest any rule on the basis that a 

change to the rule made under Subsection 630-3-402(2) or 

(3) substantively changed the rule shall be cominenced within 

two years of the date the change was made. 

Renumbered and Amended b_1· C!taprer 382, Lo11·s v.f Utah 2008 

Genem/ Ses.;ion, effective Ma.,· 5. :!008 (jimncrly Section 63-46a-14) 

Part 7. Official Compilation of Administrative 

Rules. 

63G-3-701. Utah Administrative Code as official 

compilation of rules-- Judicial notice. 

The code shall be received by all the judges, public 

officers, commissions, and departments of the state 

govenunent as evidence of the administrative law of the state 

of Utah and as an authorized compilation of the 

administrative law of Utah. All courts shall take judicial 

notice of the code and its provisions. 

Retwmbered and Amended by Chapter 38:!, La11s of Uwlt 200R 

General Session, £j{ective :'vfay 5. :!(108 (jimnerly Sec1ion 63-4t>,r- /ljj 

63G-3-702. Utah Administrative Code-- Organization--

Official compilation. 

(1) The Utah Administrative Code shall be divided into 

three parts: 

(a) titles, whose number shall begin with "R" ; 

(b) rules; and 
Utah Administrative Rulemaking Act, 2009 

(c) sections. 

(2) All sections contained in the code are referenced by 

a three-part number indicating its location in the code. 

(3) The division shall maintain the official compilation 

of the code and is the state-designated repository for 

administrative rules. If a dispute arises in which there is more 

than one version of a rule, the latest effective version on file 

with the division is considered the correct, current version. 

Rt>llltnli•ercd i/11</ lm.-n./ed l>v Clwp!er 38::, Lmrs of Urafl2008 

General Scssio11. cf!"c:c~iw: M,~,. 5. ::008 (jonnerly Sec lion 63-4oa-9.6) 

NOTE: Source http:·~ie.uhth.gm:·-code•TITLE63G•iS3G03.cip 

ac.c<?.<se.i O~:O:· ]0119. Legis!atil·e action ilif(mnation aJdi'd bv 1/te 

Oidsion t:T Admiui\·lrutiw: Rules bused on inj(wrnulivn /i'om 

Hi.>wn·Intiuxr prol·iJc:d b_,. Legislative Re.rearch and General 

C(III!Hei. t/7,'!)]: 21!011. 

10 

Page 10 
Rl 5. Administrative 

Administrativ e Services 

Services, hearings: 

Administrative Rules. 

Rl5-l. Administrative Rule 

Hearings. 

Rl5-l-1. Authority. 

(1) This rule 

establishes procedures and 

standards for administrative 

rule hearings as required by 

Subsection 63G-3-402 (1) (a) . 

(2) The procedures of 

this rule constitute the 

minimum requirements for 

mandatory administrative rule 

hearings. Additional 

procedures may be required to 

comply with any other 

governing statute, federal 

law, or federal regulation. 

Rl5 - l-2. 

(1) 

rule are 

63G-3-102. 

Definitions. 

Terms used 

defined in 

(2) In addition: 

(a) "hearing" 

administrative rule 

and 

(b) "officer" 

administrative rule 

officer. 

Rl5-l-3. Purpose. 

in this 

Section 

means an 

hearing; 

means an 

hearing 

(1) The purpose of this 

rule is to provide : 

(a) procedures for 

agency hearings on proposed 

administrative rules or rules 

c~anges, or on the need for a 

rule or change; 

(b) . opportunity for 

public comment on rules; and 

(c) opportunity for 

agency response to public 

concerns about rules . 

(a) during the public 

comment period on a proposed 

rule, after its publication in 

the bulletin and prior to its 

effective date; 

(b) before initiating 

rulemaking procedures under 

Title 63G, Chapter 3, to 

promote public input prior to 

a rule's publication; 

(c) during a regular or 

extraordinary meeting of a 

state board, council, or 

commission, in order to avoid 

separate and additional 

meetings; or 

(d) to hear any public 

petition for a rule change as 

provided by Section 63G-3-601. 

( 3) Voluntary hearings, 

as described in this section, 

follow the procedures 

prescribed by this rule or any 

other procedures the agency 

may provide by rule. 

(4) Mandatory hearings, 

as described in this section, 

follow the procedures 

prescribed by this rule and 

any additional requirements of 

state or federal law. 

(5) If an agency holds a 

mandatory · hearing under the 

procedures of this rule during 

the public comment period 

described in Subsection 63G-3-

301(6), no second hearing is 

required for the purpose of 

comment on the same rule or 

change considered at the first 

hearing. 

R15-1-5. 

(1) 

(a) 

Hearing Procedures. 

Notice. 

Rl5 -1-4. When Agencies Hold provide 

An agency shall 

notice of a hearing 

Hearings . by: 

(1) Agencies shall hold (i) publishing 

hearings as required by hearing date , time, place, 

Subsection 63G-3-302(2) . subject in the bulletin; 

(2) Agencies may hold ( ii) mailing copies 

August 1, 2009 Utah Administrative Code - 1 -

the 

and 

of 
Administrative Services 

the notice directly to persons attendance. The officer may 

who have petitioned for a set time limits for speakers 

hearing or rule changes under and shall ensure equitable use 

Section 63G-3-302 or 63G-3- of time. 

601, respectively; and (b) The agency shall 

(iii) posting for at have a representative at · the 

least 24 hours in a place in hearing, . other than the 

the agency's offices which is officer, who is familiar with 

frequented by the public. the rule at issue and who can 

(b) If a rules hearing respond to requests for 

becomes mandatory after the information by those in 

agency has published the attendance. 

proposed rule in the bulletin, (c) The officer shall 

the agency shall notify in invite written comment to be 

writing persons requesting the submitted at the hearing or 

hearing of the time and place~ after the hearing, within a 

(c) An agency may reasonable time. Written 

provide additional notice of a comment shall be attached to 

hearing, and shall give the hearing minutes. 

further notice as may (d) The officer shall 

otherwise be required by law. conduct the hearing as an 

(2) Hearing Officer. open, informal, orderly, and 

(a) The agency head informi3,ti ve meeting. Oaths, 

shall appoint as hearing cross -examination, and rules 

officer a person qualified to of evidence are not required. 

conduct fairly the hearing. (5) The Hearing Record. 

·' (,b) No restrictions (a) The officer shall 

apply to this • appointment cause to be recorded the name, 

except the officer shall know address, and relevant 

rulemaking procedure. affiliation of all persons 

(c) However, if a state speaking at the hearing, and 

board, council, or commission cause an electronic or 

is responsible for agency mechanical verbatim recording 

rulemaking, and holds a of the hearing to be made, or 

hearing, a member or the make a brief summary, of their 

body's designee may be the remarks. 

hearing officer. (b) The hearing record 

(3) Time. The officer consists of a copy of the 

~hall open the hearing at the proposed rule or rule change , 

announced time and place and submitted written comment, the 

permit comment for a minimum hearing recording or summary, 

of one hour. The hearing -may the list of persons speaking 

be extended or continued to at the hearing, and other 

another day as necessary in pertinent documents as 

the judgment of the officer. determined by the agency. 

(4) Comment. (c) The hearing officer 

(a) At the opening of shall, as soon as practicable, 

the hearing, the officer shall assemble the hearing record 

explain the subject and and transmit it to the agency 

purpose of the hearing and for consideration. 

invite orderly, germane (d) The hearing record 

comment from . all persons in shall be kept with and as part 

August 1, 2009 Utah Administrative Code - 2 -
Administrative Services 

of the rule 1 s administrative 

record in a file available at 

the agency offices for public 

inspection. 

R15-1-8. 

Regarding 

Procedure. 

Decision on an Issue 

Rulemaking 

(1) When a hearing issue 

requires a decision regarding 

rulemaking procedure, the 

officer shall submit a writte'n 

request for a decision to the 

director as soon as 

practicable after, or after 

recessing, the hearing, as 

provided 1n Section R15-5-6 . 

The director shall reply to 

the agency head as provided in 

Subsection R15-5-6 (2) . The 

director 1 s decision shall be 

included in the hearing 

record. 

R15-1,.9. Appeal and Judicial 

Review . 

may appeal 

the agency 

division by 

district court 

(1) Persons 

the decision of 

head or the 

petitioning the 

fgr judicial 

provided by law. 

review as 

KEY: administrative law, 

government hearings 

Date of Enactment or Last 

Substantive Amendment: June 

1, 1996 

Notice of Continuation: 

September 29, 2005 

Authorizing, and Implemented 

or Interpreted Law: 63G-3-402 

making, amendment, or repeal 

of an administrative rule. 

R15-2-2. 

(1) 

rule are 

638-3-102. 

Definitions. 

Terms used 

defined in 

in this 

Section 

(2) Other terms are 

defined as follows: 

(a) 11 rule change 11 means: 

(i) making a new rule; 

(ii) amending, 

repealing, or repealing and 

reenacting an existing rule; 

(iii) amending a 

proposed rule further by 

filing a change in proposed 

rule under the provisions of 

Section 63G-3-303; 

(iv) allowing a proposed 

(new, amended, repealed, or 

repealed and reenact ed) rule 

or change in proposed rule to 

lapse; or 

(v) any combination of 

the above. 

(b) 11 petitioner 11 means 

an interested person who 

submits a petition to an 

agency pursuant to Section 

63G-3-601 and this rule. 

R15-2-3. Petition Procedure. 

(1) The petitioner shall 

send the petition to the head 

of the agency authori zed by 

law to make the rul e change 

requested. 

(2) The agency receiving 

the petition shall stamp the 

petition with the date of 

receipt. 

R15-2. Public Petitioning for RlS - 2 - 4. Petition Form . 

Rulemaking. The petition shall: 

RlS-2-1. Authority. (a) be clearly 

As required by Subsection designated 11 petition for a 

63G-3-601 (2), this rule rule change 11 ; 

prescribes the form and (b) state the 

procedures for submission, petitioner 1 s name; 

consideration, and disposition (c) state the 

of petitions requesting the petitioner 1 s interest in the 

August 1, 2009 Utah Administrative Code - 3 -
Administrative Services 

rule, including relevant part of the administrative 

affiliation, if any; 

(d) include a statement 

as required by Subsection 63G3-601(4) regarding the 

requested rule change; 

(e) state 

approximate wording of 

requested rule change; 

the 

the 

(f) describe the reason 

for the rule change; 

(g) include an address, 

an E-mail address when 

available, and telephone where 

the petitioner can be reached 

during regular business hours; 

and 

(h) 

petitioner. 

R15-2-5. 

be signed by the 

Petition 

Consideration And Disposition. 

( 1) The agency head or 

designee shall: 

(a) review and consider 

the petition; 

· (b) write a response to 

the petition stat ing: 

(i) that the petition is 

denied and reasons for denial, 

or 

(ii) the date when the 

agency is initiating a rule 

change consistent with the 

intent of the petition; and 

(c) send the response to 

record. 

( 4) The agency shall 

mail copies of its decision to 

all persons who petitioned for 

.a rule change. 

KEY: administrative law 

Date of Enactment or Last 

Substantive Amendment: 

December 25, 2006 

Notice of Continuation: 

September 29, 2005 

Authorizing, and Implemented 

or Interpreted Law: 63G-3-601 

Rl5-3. 

Clarification 

Definitional 

of 

Administrative Rule. 

Rl5-3-l. Authority, Purpose, 

and Definitions. 

(1) This rule is 

authorized under Subsection 

63G-3-402(1) which requires 

the division to administer the 

Utah Administrative Rulemaking 

Act , Title 63G, Chapter 3. 

(2) This rule clarifies 

when rulemaking is required, 

and requirements for 

incorporation by reference 

within rules. 

(3) Terms used in this 

rule are defined in Section 

63G-3-102. 

the petitioner within the time R15-3 - 2. Agency Discretion. 

frame provided by Section 63G- (1) A rule may restrict 

3-601. agency discretion to prevent 

(2) The petitioned agency personnel from 

agency may, within the time exceeding their scope of 

frame provided by Section 63G- employment , or committing 

3-601, interview the arbitrary action or 

petitioner, hold a public application of standards, or 

hearing on the petition, or to provide due process for 

take any action the agency, in . persons affected by agency 

its judgment, deems necessary actions . to provide the petition due (2) A rule may authorize 

consideration. agency discretion that sets 

(3) The agency shall limits, standards, and scope 

retain the petition and a copy of employment within which a 

of the agency's response as range of actions may be 

August 1, 2009 Utah Administrative Code - 4 -
Administrative Services 

applied by agency personnel. 

A rule may also establish 

criteria for granting 

exceptions to the standards or 

procedures of the rule when, 

in the judgment of authorized 

personnel, documented 

circumstances warrant . ( 3) An agency may have 

written policies which broadly 

prescribe goals and 

guidelines. Policies are not 

rules · unless they meet the 

criteria for rules set forth 

under Section 63G-3-201 (2) . (4) Within the limits 

prescribed by Sections 63G-3-

201 and 63G-3-602, an agency · has full discretion regarding 

the substantive content of its 

rules. The division has 

authority over nonsubstantive 

content under Subsections 63G3-402(2) and (3), and 63G-3-

403(2) and (3), rulemaking 

procedures, and the physical 

format .of rules for 

compilation in th~ Utah 

Administrative Code. 

R15-3-3. Use of Incorporation 

by Reference in Rules. 

(1) An agency 

incorporating materials by 

reference as permitted under 

Subsection 63G-3-201(7) shall 

comply with the following 

standards: 

(a) The 

specifically 

material is 

reference . " 

rule shall state 

that the cited 

"incorporated by 

(b) If the material 

contains options, or is 

modified in its application, the options selected and 

modifications made shall be 

stated in the rule. 

(c) If the incorporated 

material is substantively 

changed at a later time, and 

the · revised material, the 

agency shall amend its rule 

through rulemaking procedures 

to incorporate by reference 

any applicable changes as soon 

as practicable. 

(d) In accordance with 

Subsection 63G-3-201 (7) (c), an 

agency shall describe 

substantive changes that 

appear in the materials 

incorporated by reference as 

part of the "summary of rule 

or change" in the rule 

analysis. · ( 2) An agency shall 

comply with copyright 

requirements when it provides 

the division a copy of 

material incorporated by 

reference . 

R15 - 3-4. Computer-Prohibited 

Material. 

(1) All rules shall ·be 

in a format that permits their 

compatibility with the 

division's computer system and 

compilation into the Utah 

Administrative Code. 

(2) Rules may not 

contain maps, charts, . graphs, 

diagrams, illustrations, 

forms, or similar material. 

(3) The division shall 

issue and provide to agencies 

instructions and standards for 

formatting rules . 

R15 - 3-5. 

that 

Pursuant 

301 (13). 

Statutory Provisions 

Require Ru1emaking 

to Subsection 63G-3-

For 

Subsection 

the purposes 

63G-3-301 (13) I 

of 

the 

phrase "statutory 

that requires the 

means a state 

provision that 

mandates rulemaking. 

provision 

rulemaking" 

statutory 

explicitly 

the agency intends to enforce KEY: administrative law 

August 1, 2009 Utah Administrative Code - 5 -
Administrative Services 

Date of Enactment or Last 

Substantive Amendment : April 

30, 2007 

Notice of Continuation: 

September 29, 2005 

Authorizing, and Implemented 

or Interpreted Law: 63G- 3-

201; 63G-3-301; 63G-3-402 

RlS-4. Administrative 

Rulemaking Procedures. 

RlS-4-1. Authority and 

Purpose. 

(1) This rule 

establishes procedures fo~ 

filing and publication of 

agency rules under Sections 

63G-3-301 , 63G-3-303, and 63G3-304, as authorized under 

Subsection 63G-3-402(1). 

(2) The procedures of 

this rule constitute minimum 

requirements for rule filing 

and publication . Other 

governing statutes, federal 

laws, or federal regulations 

may require additional rule 

:filing and publication 

procedures. 

RlS-4-2. 

( 1) 

rule are 

63G-3-102. 

Definitions. 

Terms used 

defined in 

in this 

Section 

( 2) Other terms are 

defined as follows: 

(a) "Anni versary date" 

means the date that is five 

years from the original 

effective date of the rule, or 

the date that is · five years 

from the date the agency filed 

with the division the most 

recent five-year review 

required under Subsection 63G3-305(3), whichever is sooner. 

(b) "Digest " means the 

Utah State Digest that 

process of collecting and 

arranging administrative rules 

systematically in the Utah 

Administrative Code, and 

includes the process of 

verifying that each amendment 

was marked as required under 

Subsection 63G-3-301 (2) (b); 

(d) "Compliance cost" 

means expenditures a regulated 

person will incur if a rule or 

change is made effective; 

(e) "Cost" means the 

aggregated expenses persons as 

a class affected by a rule 

will incur if a rule or change 

is made effective; 

(f) "eRules" means the 

Division's administrative rule 

filing application that 

agencies use to file rules and 

notices; 

(g) "Savings" means : 

(i) an aggregated 

monetary amount that will no 

longer be incurred by persons 

as a class if a rule or change 

is made effective; 

(ii) an aggregated 

monetary amount that will be 

refunded or rebated if a rule 

or change is made effective; 

(iii) an aggregated 

monetary amount of anticipated 

revenues to be generated for 

state budgets, local 

governments, or both if a rule 

or change is made effective; 

or 

( i v) any combination of 

these aggregated monetary 

amounts . (h) "Unmarked change" 

means a change made to rule 

text that was not marked as 

required by Subsection 63G-3-

301 (2) (b) 

summarizes the content of the RlS - 4-3. Publication Dates 

bulletin as required by and Deadlines. 

Subsection 63G- 3-402 (1) (f); (1) For the purposes of 

(c) "Codify" means the Subsections 63G-3-301 (2) and 

August 1, 2009 Utah Administrative Code - 6 -
Administrative Services 

638-3-303 (1), an agency shall R15-4-5a. Notice of the 

file its rule and rule Effective Date for a Proposed 

analysis by 11:59:59 p.m. on Rule . 

the fifteenth day of the month 

for publication in the 

bulletin and digest issued on 

· the first of the next month, 

and by 11:59:59 p .m. on the 

first day of the month for 

publication on the fifteenth 

of the same month. 

(a) If the first or 

fifteenth day is a Saturday, 

or a Tuesday, Wednesday, 

Thursday, or Friday holiday, 

the agency shall file the rule 

and rule analysis by 11: 59: 59 

p .m. on the previous regular 

business day . 

(b) If the first or 

fifteenth day is a Sunday or 

Monday holiday, the agency 

shall file the rule and rule 

analysis by 11 : 59:59 p.m. on 

· the next regular business day . (2) For all purposes, 

the official date of 

publication for the bulletin 

and digest shall be the first 

and fifteenth days of each 

month . 

RlS-4 - 4. Thirty-day Comment 

Period for a Proposed Rule and 

a Change in Proposed Rule . 

( 1) For the purposes of 

Sections 638-3-301 and 638-3-

303, "30 days" shall be 

computed by : 

(a) counting the day 

after publication of the rule 

as the first day; and 

(b) counting the 

thirtieth consecutive day 

after the day of publication 

as the thirtieth day, unless 

(c) the thirtieth 

consecutive day is a Saturday, 

Sunday, or holiday, in which 

event the thirtieth day is the 

next regular business day. 

(1) (a) Pursuant to 

Subsection 638-3-301(9), upon 

expiration of the comment 

period designated on the rule 

analysis and filed with the 

rule, and before expiration of 

120 days after publication of 

a proposed rule, the agency 

proposing the rule shall 

notify the division of the 

date the rule is to become 

effective and enforceable. 

(b) The agency shall 

notify the division after 

determining that the proposed 

rule, in the form published, 

shall be the final form of the 

rule, and after informing the 

division of any nonsubstantive 

changes in the rule as 

provided for in Section Rl5-4-

6. 

(2) (a) The agency shall 

notify the division by filing 

with the division a Notice of 

Effective Date form using 

eRules . 

(b) ·If the eRules Notice 

of Effective Date form is 

unavailable to the agency, the 

agency may notify the division 

by any other form of written 

communication clearly 

identifying the proposed rule, 

stating the date the rule was 

filed with the division or 

published in the bulletin, and 

stating its effective date. 

(3) The date designated 

as the effective .date shall 

be : 

(a) at least seven days 

after the comment period 

specified on the rule 

analysis; or 

(b) if the agency 

formally extends the comment 

period for · a proposed rule by 

publishing a subsequent notice 

August 1, 2009 Utah Administrative Code - 7 -
Administrative Services 

ln an issue of the bulletin, were filed with the division 

at least seven days after the or published in the bulletin, 

extended comment period. and stating the effective 

(4) The division shall date. 

publish notice of the 

effective date in the next 

issue of the bulletin . There 

is no publication deadline for 

a notice of effective date for 

a proposed rule, nor 

requirement that it be 

published prior to the 

effective date. 

RlS-4-Sb. Notice of the 

Effective Date for a Change in 

Proposed Rule. 

(1) (a) Upon expiration 

of the 3 0 -day period required 

by Section 63G-3-303, and 

before expiration of the 120th 

day after publication of a 

change in proposed rule , the 

agency promulgating the rule 

shall notify the division of 

the date the rule is to become 

effective and enforceable. · (b) The agency shall 

notify the division after 

. 

as 

be: 

(3) 

the 

The date designated 

effective date shall 

(a) at least 30 days 

after the publication date of 

the rule in the bulletin, or 

(b) if the agency 

designated a comment period, 

at least seven days after a 

comment period designated by 

the agency on the rule 

analysis or formally extended 

by publication of a subsequent 

notice in the bulletin. 

(4) The division shall 

publish notice of the 

effective date in the next 

issue of the bulletin . There 

is no publication deadline for 

the notice of effective date 

for a change in proposed rule, 

nor requirement that it be 

published prior to the 

effective date. 

determining that the rule text RlS - 4-6. Nonsubstantive 

as published is t he final form Changes in Rules. 

of the rule , and after (1) Pursuant to 

informing the di vision of any Subsections 63G-3-201 (4) (d) 

nonsubstantive changes in the and 63G-3-303 (2), for the 

rule as provided for in purpose of making rule changes 

Section R15-4-6. that are grammatical or do not 

(2) (a) The agency shall materially affect the 

notify the division by filing application or outcome of 

with the division a Notice of agency procedures and 

Effective Date form using standards, agencies shall 

eRules . · comply with the procedures of 

(b) If the eRules Notice this section. 

of Effective Date form is (2) The agency proposing 

unavailable to the agency, the a change shall determine if 

agency may notify the division the change is substantive or 

by any other form of written nonsubstantive according to 

communication clearly the criteria cited ln 

identifying the change in Subsection R15-4-6(1). 

proposed rule and any rules (a) The agency may seek 

upon which the change in the advice of the Attorney 

proposed rule is dependent, General or the division, but 

stating the date the rules the agency is responsible for 

August 1, 2009 Utah Administrative Code - 8 -
Administrative Services 

compliance 

criteria. 

with the cited (ii) the change lS 

(3) Without complying 

with regular rulemaking 

procedures, an agency may make 

nonsubstantive changes in: 

(a) proposed rules 

already published ln the 

bulletin and digest but not 

made effective, or 

(b) rules already 

effective. 

(4) To make a 

nonsubstanti ve change in 

rule, the agency shall: 

a 

(a) notify the division 

by filing with the division 

the form designated for 

nonsubstantive changes; 

(b) include with the 

notice the rule text to be 

changed, with changes marked 

as required by Section R15-4-

9; and 

(c) include 

notice the name of 

head or designee 

the change. 

with the 

the agency 

authorizing 

(5) A nonsubstantive 

c~ange becomes effective on 

the date the division makes 

the change in the Utah 

Administrative Code. 

(6) The division shall 

record the nonsubstantive 

change and its effective date 

in the administrative rules 

register. 

RlS-4-7. Substantive Changes 

in Proposed Rules. 

(1) Pursuant to Section 

638-3-303, agencies shall 

comply with the procedures of 

this section when making a 

substantive change in a 

proposed rule. 

(a) The procedures of 

this section apply if: 

(i) the agency 

in the 

substantive under the criteria 

of Subsection 638-3-102(19); 

(iii) the rule was 

published as a proposal in the 

bulletin and digest; and 

(iv) the rule has not 

been made effective under the 

procedures of Subsection 638-

3-303 (1) (d) and Section R15-4-

5. 

(b) If the rule is 

already effective, the agency 

shall comply with regular 

rulemaking procedures . (2) To make a 

substantive change in a 

proposed rule, the agency 

shall file with the division: 

(a) a rule analysis, 

marked to indicate the agency 

intends to change a rule 

already published, and 

describing the change and 

reasons for it; and 

(b) a copy of the 

proposed rule previously 

published in the bulletin 

marked to show only those 

changes made since the 

proposed rule was previously 

published as described in 

Section R15-4-9. 

(3) The division shall . 

publish the rule analysis in 

the next issue of the 

bulletin, subject to the 

publication deadlines of 

Section R15-4-3. The division 

may also publish the changed 

text of the rule. 

( 4) The agency may make 

a change in proposed rule 

effective by following the 

requirements of Section R15-4-

5, or may further amend the 

rule by following the 

procedures of Sections R15-4-6 

or R15-4-7. 

RlS-4 - 8. Temporary 120 - day 

Rules. 

determines a change 

rule is necessary; 

August 1, 2009 Utah Administrative Code - 9 -
Administrative Services 

( 1) Pursuant to Section rulemaking. 

638- 3-304, for the purpose of (5) When a temporary 

filing . a temporary rule, an rule and a similar regular 

agency shall comply with the rule are in effect at the same 

procedures of this section. time, any conflict between the 

(2) The agency proposing provisions of the two are 

a temporary rule shall resolved in favor of the rule l 

determine if the need for the with the most recent effective 

rule complies with the date, unless the agency 

criteria of Subsection 638-3- designates otherwise as part 

304(1). of the rule analysis. 

(a) The division (6) ·A temporary rule has 

interprets the criteria of the full force and effect of a 

Subsection 638-3-304(1) to permanent rule while in 

include under "welfare" any effect, but a temporary rule 

substantial material loss to is not codified in the Utah 

the classes of persons or Administrative Code. 

agencies the agency is 

mandated to regulate, serve, RlS-4 - 9. Underscoring and 

or protect. Striking Out. 

(3) The agency shall use (1) (a) Pursuant to 

the same procedures for filing Subsection 638-3-301(2) (b), an 

and publishing a temporary agency shall underscore 

rule as for a permanent rule, language to be added and 

except: strike out language to be 

(a) the rule shall · deleted in proposed rules. 

become effective and (b) Consistent with 

enforceable on the day and Subsection 638-3-301 (2) (b), an 

hour it is recorded by the agency shall underscore 

division unless the agency language to be added and 

designates a later effective strike out language to be 

date on the rule analysis; deleted in changes in proposed 

(b) no comment period is rules, 120-day rules, and 

necessary; nonsubstantive changes . 

(c) no public hearing is (c) Consistent with 

necessary; and legislative bill drafting 

(d) the rule shall technique, the struck out 

expire 120 days after the language shall be surrounded 

rule's effective date unless by brackets. 

the filing agericy notifies the (2) When an agency 

division, on the form or by proposes to make a new rule or 

memorandum, of an earlier section, the entire proposed 

expiration date. text shall be underscored. 

(4) A temporary rule is (3) (a) When an agency 

separate and distinct from a proposes to repeal a complete 

rule filed under regular rule it shall include as part 

rulemaking procedures, though of the information provided in 

the language of the ·two rules the rule analysis a brief 

may be identical. To make a summary of the deleted 

temporary rule permanent, the language and a brief 

agency shall propose a explanation of why the rule is 

separate rule for regular being repealed. 

August 1, 2009 Utah Administrative Code - 10 -
Administrative Serv ices 

(b ) The agency shall the rule analysis, the agency 

include with the rule analysis shall: 

a copy of the text to be (a) estimate the 

deleted in one of the incremental cost or savings 

following formats: and incremental compliance 

(i) each page annotated cost associated with the 

"repealed in its entirety" or changes proposed by the rule 

(ii) the entire text or change; 

struck out in its entirety and (b) estimate the 

surrounded by one set of incremental cost or savings 

brackets. and incremental compliance 

(c) The division shall cost in dqllars, except as 

not publish repealed rules otherwise provided in 

unless space is available Subsections R15-4-10(4) and 

within the page limits of the ( 5) ; 

bulletin. 

(4) When an agency fails 

to mark a change as described 

in this section, the director 

or his designee may refuse to 

codify the change . When 

determining whether or not to 

codify an unmarked change, the 

director shall consider : 

(a) whether the unmarked 

change is substantive or 

nonsubstantive; and 

(b) if the purpose of 

pvblic notification has been 

a~equately served. 

(5) The director ' s 

r~fusal to codify an unmarked 

change means that the change 

is not operative for the 

purposes of Section 638-3-701 

and that the agency must 

comply with regular rulemaking 

procedures to make the change. 

(c) indicate that 

amount is either a cost 

savings; and 

(d) estimate 

the 

or a 

the 

incremental cost or savings 

expected to accrue to "state 

budgets, " "local governments, " 

"small businesses," and 

"persons other than small 

businesses, businesses, or 

local governmental entities" 

as aggregated cost or savings; 

(2) In addition, an 

agency may: 

(a) provide a narrative 

description 6f anticipated 

cost or savings, and 

compliance cost; 

(b) compare anticipated 

cost or savings, and 

compliance cost figures, for 

the rule or change to : 

( i) current budgeted 

costs associated with the 

Rl5-4-10. Estimates of existing rule, 

Anticipated Cost or Savings, ( ii) figures reported on 

and Compliance Cost. a fiscal note attached to a 

(1) Pursuant to related legislative bill, or 

Subsections 638-3-301 (3), 63G- (iii) both (i) and (ii). 

3-303 (1) , 638-3-304 (2), and (3) If an agency chooses 

53C-1-201(3), when an agency to provide comparison figures, 

files a proposed rule, change it shall clearly distinguish 

in proposed rule, 120-day comparison figures from the 

(emergency) rule, or expedited anticipated cost or savings, 

rule and provides anticipated and compliance cost figures. 

cost or savings, and ( 4) If dollar estimates 

compliance cost information in are unknown or not available, 

August 1, 2009 Utah Administrative Code - 11 -
Administrative 

or the obtaining thereof would 

impose a substantial 

unbudgeted hardship on the 

agency, the agency may 

substitute a reasoned 

narrative description of costrelated actions required by 

the rule or change, and 

explain the reason or reasons 

for the substitution . 

(5) If no cost, savings, 

or compliance cost is 

associated with the rule or 

change, an agency may enter 

''none," "no impact," or 

similar words in the rule 

analysis followed by a written 

explanation of how the agency 

estimated that there would be 

no impact, or how the proposed 

rule, or changes made to an 

existing rule does not apply 

to "state budgets," "local 

government," " small 

businesses," "persons other 

than small businesses, 

businesses, or local 

governmental entities," or any 

combination of these . 

(6) If an agency does 

not provide an estimate of 

cost, savings, compliance 

cost, or a reasoned narrative 

description of cost 

information; or a written 

explanation as part of the 

rule analysis in compliance 

with this section, the 

Division may, after making an 

attempt to obtain the required 

information, refuse to 

register and publish the rule 

or change. If the Division 

refuses to register and 

publish a rule or change, it 

shall : 

(a) return the rule or 

change to the agency with a 

notice indicating that the 

Division has refused to 

register and publish the rule 

Services 

(b) identify the reason 

or reasons why the Division 

refused to register and 

publish the rule or change; 

and 

(c) indicate the filing 

deadlines for the next issue 

of the Bulletin. 

KEY: administrative law 

Date of Enactment or Last 

Substantive Amendment: August 

24, 2007 

Notice of Continuation: 

September 29, 2005 

Authorizing, and Implemented. 

or Interpreted Law: 63-46a1063G- 3-301; 63-46a-463G-3 -

303; 63-46a-663G-3-304; 63G-3-

402 

Rl5-5. Administrative Rules 

Adjudicative Proceedings. 

Rl5 - 5-1. Purpose. 

(1) This rule provides 

the procedures for informal 

adjudicative proceedings 

governing: 

(a) appeal and review of 

a decision by the division not 

to publish an agency's 

proposed rule or · rule change 

or not to register an agency ' s 

notice of effective date; and 

(b) a determination by 

the division whether an agency 

rule meets the procedural 

requirements of Title 63G, 

Chapter 3, the Utah 

Administrative Rulemaking Act. 

(2) · The informal 

procedures of this rule apply 

to all other division actions 

for which an adjudicative 

proceeding may be required. 

Rl5 - 5 - 2. Authori ty . 

This rule is required by 

Sections 63G-4-202 and 63G-4-

203, and is enacted under the 

authority of Subsection 63G-3-

or change; 402 (1) (m) and Sections 63G-4-

August 1, 2009 Utah Administrative Code - 12 -
Administrative Services 

202, 638-4-203, and 638-4-503. director. 

R15-5-3 . Definitions. 

( 1) The terms used in 

this rule are defined 

Section 638-4-103 . 

in 

(2) In addition, 

"digest" means the Utah State 

Digest which summarizes the 

content of the bulletin as 

required under Subsection 638-

3-402 (1) (f) 

R15 - 5-4. Refusal to Publish 

or Register a Rule or Rule 

Change . 

(1) The division shall 

not publish a proposed rule or 

rule change when the division 

determines the agency has not 

met the requirements of Title 

638, Chapter 3, or of Rules 

R15-3 or R15-4. 

(2) The division shall 

not register an agency's 

notice of effective date , nor 

co~ify the rule or rule change 

in the Utah Administrative 

Code, if the agency exceeds 

the 120-day limit required by 

Subsection 638-3-301 (6) (a) as 

interpreted in Section R15-4-

5. 

(3) The division shall 

notify the agency of a refusal 

to publish or register a rule 

or rule change, and shall 

advise and assist the agency 

in correcting any error or 

omission, and in re-filing to 

meet statutory and regulatory 

criteria . 

R15- 5 - 5. Appeal of a Refusal 

to Publish or Register a Rule 

o r Rule Change. 

(1) An agency may 

request a review of a division 

refusal to publish or register 

(2) The division 

director shall grant or deny 

the petition within 20 days, 

and respond in writing giving 

the reasons for any denial . 

(3) The agency may 

appeal the decision of the 

division director by filing a 

written appeal to the 

Executive Director of the 

Department of Administrative 

Services within 20 days of 

receipt of the division 

director's decision . The 

Executive Director shall 

respond within 20 days 

affirming or reversing the 

division director ' s decision. 

R15 - 5 - 6. Determining the 

Procedural Validity of a Rule. 

( 1) A person may contest· 

the procedural validity, or 

request a determination of 

whether a rule meets the 

requirements of Title 638, 

Chapter 3, by filing a written 

petition with the division. 

(a) The rule at issue 

may be a proposed rule or an 

effective rule. 

(b) The petition must be 

received by the division 

within the two-year limit set 

by Section 638-3-603 . 

(c) The petition may 

emanate from a rulemaking 

hearing as in Section R15-1-8. 

(d) The petition shall 

specify the rule or rule 

change at issue and reasons 

why the petitioner deems it 

procedurally flawed or 

invalid. 

(e) The petition shall 

be accompanied by any 

documents the division should 

consider in reaching its 

decision. 

(f) 

a rule or rule change by 

filing a written petition for 

review with the division be 

August 1, 2009 Utah Administrative 

signed 

Code 

The petition shall 

and designate a - 13 -
Administrative Services 

telephone numher where the registered promptly. 

petitioneF can be contacted 

during regular business hours. 

(2) The division shall 

respond to the petition in 

writing within 20 days of its 

receipt. 

(a) The division shall 

research all records 

pertaining to the rule or rule 

change at issue. 

(b) The response of the 

division shall state whether 

the rule is procedurally valid 

or invalid and how the agency 

may remedy any defect . (c) The division shall 

send a copy of the petition 

and its response to the 

pertinent agency. 

(3) The petitioner may 

request reconsideration of the 

division', s findings by filing 

a . written request for 

reconsideration with the 

division· director . 

' .(a) The director may 

respond· ·.to the request 

writing . 

in 

(b) If the petitioner 

receives no response within 20 

days, the request is denied. 

R15-5-7. Remedies Resulting 

from an Adjudicative 

Proceeding. 

(1) A rule the division 

determines is procedurally 

invalid shall be stricken from 

the Utah Administrative Code 

and notice of its deletion 

published in the next issues 

of the bulletin and digest. 

(2) The division shall 

notify the pertinent agency 

and assist the agency in refiling or otherwise remedying 

the procedural omission or 

error in the rule . (3) A rule the division 

determines is procedurally 

valid shall be published and 

KEY: administrative 

procedures, administrative law 

Date of Enactment or Last 

Substantive Amendment: June 

1, 1996 

Notice of Continuation: 

September 29, 2005 

Authorizing, and Implemented 

or Interpreted Law: 63G-3-

402; 63G-4-202; 63G-4-203; 

63G-4 ..:. 503 

August 1, 2009 Utah Administrative Code - 14 -
Proposed Rule 

DAR File No. 32042 

IN ERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE Y 

SU ITIING WRITIEN COMMENTS TO THE ADDRESS ABOVE NO TER 

THA 5:00PM on 12/01/2008. 

BY: Carol Lear, Director, 

R277-606-2. Authority and rpose. 

A. This rule is authoriz d by Utah Constitution Article X, 

Section 3 which vests gener ontrol and supervision of public 

education in the Board, Sec on 3A-l-40 I (3) which pennits the 

Board to adopt rules in ace dane with its responsibilities, and by 

Section 41-6a-1308 whi h dire ts the Board[ to use the 

R277-606-3. S te Board of Education Grants d Timelines. 

A. The U OE acting on behalf of the Board s all provide an 

electronic ap ication for grants under Section 41 6a-1308 and 

R277-606 dir cted to school districts. 

B. Th USOE shall work closely with the Utah ivision of 

Environrne a! Quality (DEQ) in developing the applicatJ n for state 

funds. 

[ . 

~ 

--!}] The USOE in consultation with the DEQ shall select 

grant a plicants based on: 

( ) availability and stability of matching funds; 

) district support for improving school buses and maintaining 

ervicing the improvements; 

(3) geographic and district-size diversity of applicants; and 

UTAH STATE B ULLETIN, November I, 2008, Vol. 2008, No. 21 

--t;m_. chool district applicants shall agree participate in all 

nand reporting requirements established 13 the USOE and 

consistent with the purposes of Section 41- -1308. 

Y: school buses, retrofit, purchase~, grants 

ate of Enactment or Last Substantive Amendment: [August 

+,]2008 

Authorizing, and Implemented or Interpreted Law: Art X Sec 

3; 53A-1-401(3); 41-6a-1308 

·----------------· 

Environmental Quality, Air Quality 

R307-405-2 

Applicability 

NOTICE OF PROPOSED RULE 

(Amendment) 

DAR FILE No.: 32042 

FILED: 10/14/2008, 09:21 

RULE ANALYSIS 

PURPOSE OF THE RULE OR REASON FOR THE CHANGE: This rule 

change updates the version of 40 CFR that is incorporated in 

Rule R307 -405. The federal Prevention of Significant 

Deterioration (PSD) permitting program in 40 CFR 52.21 is 

incorporated by reference in Rule R307-405. Two 

amendments have been made to 40 CFR 52.21 since 

07/01/2007, the current incorporated version. 

SUMMARY OF THE RULE OR CHANGE: Updates the incorporation 

by reference of the 40 CFR to 07/01/2008. Changes to 40 

CFR 52.21 include the exclusion of ethanol production 

facilities from the definition of chemical process plants, and a 

clarification in the record keeping requirements for a 

modification where there is a "reasonable possibility" that the 

change would result in a significant increase of any regulated 

New Source Review (NSR) pollutant. 

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS 

RULE: Section 19-2-104 
NOTICES OF PROPOSED RULES 

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THE 

FOLLOWING MATERIAL: 40 CFR 52.21 

ANTICIPATED COST OR SAVINGS TO: 

•:• THE STATE BUDGET: No cost or savings are anticipated with 

this rule change. No new requirements were created with this 

rule change. 

•:• LOCAL GOVERNMENTS: No cost or savings are anticipated 

with this rule change. No new requirements were created with 

this rule change. 

•:• SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: 

Small Business: No cost or savings are anticipated with this 

rule change. No new requirements were created with this rule 

change. Other Persons: A possible savings may accrue due 

to the removal of ethanol production facilities from the 

definition of chemical process, which will remove ethanol 

production facilities from the PSD permitting program. 

COMPLIANCE COSTS FOR AFFECTED PERSONS: No COSt is 

anticipated with this rule change. No new requirements were 

created with this rule change. 

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE 

RULE MAY HAVE ON BUSINESSES: No cost is anticipated with this 

rule change. No new requirements were created with this rule 

change. A possible savings may accrue due to the remov~l of 

ethanol production facilities from the definition of chemical 

process, which will remove ethanol production facilities from 

the PSD permitting program. 

Rick Sprott, Executive Director 

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR 

BUSINESS HOURS, AT: 

ENVIRONMENTAL QUALITY 

AIR QUALITY 

150 N 1950 W 

SALT LAKE CITY UT 84116-3085, or 

at the Division of Administrative Rules. 

DIRECT QUESTIONS REGARDING THIS RULE TO: 

Kimberly Kreykes at the above address, by phone at 801-536-

4042, by FAX at 801-536-4099, or by Internet E-mail at 

kkreykes@uta h. gov 

INTERESTED PERSONS MAY PRESENTTHEIRVIEWS ON THIS RULE BY 

SUBMITTING WRITIEN COMMENTS TO THE ADDRESS ABOVE NO LATER 

THAN 5:00PM on 12/01/2008. 

THIS RULE MAY BECOME EFFECTIVE ON: 01/07/2009 

AUTHORIZED BY: Bryce Bird, Planning Branch Manager 

R307. Environmental Quality, Air Quality. 

R307-405. Permits: Major Sources in Attainment or Unclassified 

Areas (PSD). 

R307-405-2. Applicability. 

(I) All references to 40 CFR in R307-405 shall mean the version 

that is in effect on July I , 200~(-1] . 

34 

DAR File No. 32028 

(2) The provisions of 40 CFR 52.21 (a)(2) are hereby incorporated 

by reference. 

(3) Notwithstanding the exemptions in R307-40 I, any source that 

is subject to R307-405 is subject to the requirement to obtain an 

approval order in R307-401 -5 through 8. 

KEY: air pollution, PSD, Class I area _ 

Date of Enactment or Last Substantive Amendment: [January 11, 

~]2009 

Notice of Continuation: July 13, 2007 

Authorizing, and Implemented or Interpreted Law: 19-2-104 

·----------------· 

nvironmental Quality, Drinking Water 

R309-700 

Fi ncial Assistance: State D 1nking 

Wate Project Revolving Loan 

NOTICE OF PROPOSED R 

(Amendment) 

DAR FILE No.: 3202 

FILED: 10/13/2008, 09 18 

PURPOSE OF THE ULE OR REASON OR THE CHANGE: The 

purpose of this rule hange is to: 1 dd changes to the State 

SRF (State Revolvi g Fund) pr ram made by the State 

Legislature in 2007 ( .B. 99) w ch amended Sections 73-

10c-2, 73-10c-4, 73- Oc-4.5, nd 73-10c-5 and enacted 

Section 73-1 Oc-1 0; 2) m ke the ule more consistent with Rule 

R309-705 (Federal SRF rogr m); 3) clarify rule language; 4) 

modify the point system e to determine the terms of the 

loan; and 5) update and rect terminology and grammar. 

(DAR NOTES: H.B. 99 (20 ) is found at Chapter 142, Laws 

of Utah 2007, and was e c ·ve 04/30/2007. The proposed 

amendment to Rule R30 -70 ·sunder DAR No. 32029 in this 

issue, November 1, 200 , of th Bulletin.) 

SUMMARY OF THE RULE R CHANGE. This will allow the Division 

of Drinking Water to i prove com ·ance with Title R309 rules 

and better help prot ct the public a ainst water borne health 

risks through fun ing of studies, planning, educational 

activities, and de ign of facilities . he changes will also 

encourage and omote regionalizati n of water system in 

order to improv their financial, man erial, and technical 

capabilities to rve their customers. 

STATE STATUT. RY OR CONSTITUTIONAL AUTH RIZATION FOR THIS 

RULE: Secti ns 19-4-104, 638-4-202, and uitle 73, Chapter 

10c 

ANTICIPA D COST OR SAVINGS TO: 

•:• THE ATE BUDGET: These changes are not nticipated to 

affect t estate cost of administering the state lo n program. 

The ange will allow the state to charge the tate SRF 

prog~ m a loan origination fee to those systems orrowing 

fun . There will be a sl ight cost savings because the state 

UTAH STATE B ULLETIN, November I , 2008, Vol. 2008, No. 21 
NOTICES OF PROPOSED RULES 

te-tfie-'H!FEle-'l~ea~'-IHiffitaltffi~+ru~Rffi¢.4#i.m-)Reparations Officers 

re¥ttW.~tteflllltt~;-€jr€l:tms<~oes--eH] claims that have 

e Year Limitation rule if extenuating 

• 

Environmental Quality, Air Quali 

R307-101-3 

Version of Code of Federal Regulations 

Incorporated by Reference 

NOTICE OF PROPOSED RULE 

(Amendment) 

DAR ,FILE No.: 32351 

FILED: 02/03/2009, 16:25 

RULE ANALYSIS 

PURPOSE OF THE RULE OR REASON FOR THE CHANGE: Section 

R307 -101-3 incorporates by reference the current Code of 

Federal Regulations (CFR) used in a majority of rules adopted 

by the Air Quality Board (AQB). This allows rules that 

reference Section R307 -101-3 to update the incorporation 

date with only one rule amendment. The most current version 

of the CFR for environmental regulations has be~n updated 

from 07/01/2007 to 07/01/2008; therefore it is necessary to 

change Section R307-101-3. 

SUMMARY OF THE RULE OR CHANGE: Below is a list of changes to 

40 CFR from 07/01/2007 to 07/01/2008 that affect rules which 

reference Section R307-101-3. 09/07/2007 (Volume 72, 

Number 173): Two Optional Methods for Relative Accuracy 

Test Audits of Mercury Monitoring Systems Installed on 

Combustion Flue Gas Streams and Several Amendments to 

Related Mercury Monitoring Provisions. This action approved 

two optional mercury (Hg) emissions test methods for 

potential use in conjunction with an existing regulatory 

requirement for Hg emissions monitoring, as well as several 

revisions to the Hg monitoring provisions themselves. This 

action was in regard to the testing and monitoring 

requirements for Hg specified in the Federal Register on 

05/18/2005. This action allowed the use of these two optional 

methods entirely at the discretion of the owner or operator of 

an affected emission source in place of the two currently 

specified methods. This direct final rule also amended 

Performance Specification 12A by adding Methods 30A and 

8 

DAR File No. 32351 

30B to the list of reference methods acceptable for measuring 

Hg concentration and the Hg monitoring provisions of 

05/18/2005, to reflect technical insights since gained by EPA 

which will help to facilitate implementation including 

clarification and increased regulatory flexibility for affected 

sources. The definition of "sorbent trap monitoring system" in 

Section 72.2 was revised. 09/28/2007 (Volume 72, Number 

188): Correction of Two Optional Methods for Relative 

Accuracy Test Audits of Mercury Monitoring Systems Installed 

on Combustion Flue Gas Streams and Several Amendments 

to Related Mercury Monitoring Provisions. This action 

corrected minor errors in a final rule published 09/07/2007 

(Volume 72, Number 173, Page 51501 ). 05/22/2008 (Volume 

73, Number 100): Update of Continuous Instrumental Test 

Methods: Technical Amendments. This action corrected 

errors in a final rule published 05/15/2006 which updated five 

continuous instrumental test methods. As published, the rule 

contained errors and provisions that needed to be clarified . 

EPA published a direct final rule with a parallel proposed rule 

on 09/07/2007 to correct the errors and add clarifying 

language. However, adverse comments where received on 

the direct final rule and it was withdrawn on 11/05/2007. This 

action finalized the parallel proposal. In this final rule, EPA 

corrected errors, clarified certain provisions, and responded to 

the adverse comments received on the direct final rule 

published on 09/07/2007. 10/19/2007 (Vol. 72, No. 202): 

Revisions to Definition of Cogeneration Unit in Clean Air 

Interstate Rule (CAIR), CAIR Federal Implementation Plans, 

Clean Air Mercury Rule (CAMR); and Technical Corrections to 

CAIR, CAIR FIPs, CAMR, and Acid Rain Program Rules. 

Section 60.4102 was amended as follows: a. Added, in 

alphabetical order, a new definition of "Biomass"; b. In the 

definition of "Cogeneration unit," removed the period at the 

end of paragraph (2)(ii) and added in its place a semicolon 

and added a new paragraph (3); and c. Added a sentence at 

t~e ~nd of the definition of "Total energy input." The authority 

c1tat1on for Part 72 was revised to read as follows: Authority: 

42 U.S.C. 7601 and 7651 et seq. Section 72.24 was 

amended in paragraph (a)(9), introductory text, by removing 

the words "life-of-the-unit, firm power contractual 

arrangements" and adding in their place the words "a life-ofthe-unit, firm power contractual arrangement." 01/24/2008 

(Vol. 73, No. 16): Revisions to the Continuous Emissions 

Monitoring Rule for the Acid Rain Program, NOX Budget 

Trading Program, Clean Air Interstate Rule, and the Clean Air 

Mercury Rule. EPA finalized rule revisions that modified 

existing requirements for sources affected by the federally 

administered emission trading programs including the NOX 

Budget Trading Program, the Acid Rain Program, the Clean 

Air Interstate Rule, and the Clean Air Mercury Rule. The 

~evisions where prompted primarily by changes being 

Implemented by EPA's Clean Air Markets Division in its data 

systems in order to utilize the latest modern technology for the 

submittal of data by affected sources. Other revisions 

~ddressed _issues that where raised during program 

1mplementat1on, fixed specific inconsistencies in rule 

provisions, or updated sources incorporated by reference. 

These revisions did not impose significant new requirements 

on sources with regard to monitoring or quality assurance 

activities. Section 93.101 was amended as follows: a. 

Revised the definitions for "Metropolitan planning organization 

UrAHSTATEBVLLETIN, March I, 2009, Vol. 2009, No. 5 
DAR File No. 32350 

(MPO)" and "Transportation improvement program (TIP)"; and 

b. Revised the first sentence of the definition for 

"Transportation control measure (TCM)." Section 72.2 was 

amended as follows : a. Revised the definition of "Capacity 

factor;" b. In the definition of "Diluent cap", removed the words 

"C02 mass emission rate, or heat input rate" after the words 

"NOX emission rate"; c. In the definition of "EPA protocol gas", 

added a new sentence to the end of the definition; d. Revised 

the definition of "Excepted monitoring system"; e. Added the 

new definitions in alphabetical order for "Air Emission Testing 

Body (AETB)", "EPA Protocol Gas Verification Program", 

"Long-term cold storage", "NIST traceable elemental Hg 

standards", "N I ST traceable source of oxidized Hg". "Qualified 

t Individual", and "Specialty gas producer"; and f. Removed the 

definition for "Research gas material (RGM)". 02/13/2008 

(Vol. 73, No. 30): Correction: Revisions to the Continuous 

Emissions Monitoring Rule for the Acid Rain Program, NOX 

Budget Trading Program, Clean Air Interstate Rule, and the 

Clean Air Mercury Rule. Part 75 Appendix F Eq. (F-8) was 

corrected. 

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS 

RULE: Subsection 19-2-1 04(1 )(a) 

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THE 

FOLLOWING MATERIAL: 40 CFR, July 1, 2008, edition 

ANTICIPATED COST OR SAVINGS TO: 

•:• THE STATE BUDGET: Because these revisions do not create 

new requirements, no change in costs is expected for the 

state budget. 

·:· LOCAL GOVERNMENTS: Because this revision does not 

create new requirements, no change in costs is expected for 

local governments. 

•:• SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: 

Small Businesses: Because this revision does not create new 

requirements, no change in costs is expected for small 

businesses. Other Persons: Because this revision does not 

create new requirements, no change in costs is expected for 

other persons. 

COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this 

revision does not create new requirements, no change in 

costs is expected for affected persons. 

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE 

RULE MAY HAVE ON BUSINESSES: This amendment does not 

create new requirements. Therefore, no additional costs are 

expected. Bill Sinclair, Acting Executive Director 

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR 

BUSINESS HOURS, AT: 

ENVIRONMENTAL QUALITY 

AIR QUALITY 

150 N 1950 W 

SALT LAKE CITY UT 84116-3085, or 

at the Division of Administrative Rules. 

UTAH S TATE B ULLETIN, March I, 2009, Vol. 2009, No. 5 

NOTICES OF PROPOSED RULES 

DIRECT QUESTIONS REGARDING THIS RULE TO: 

Kimberly Kreykes at the above address, by phone at 801-536-

4042, by FAX at 801-536-4099, or by Internet E-mail a 

kkreykes@utah .gov 

INTERESTED PERSONS MAY PRESENTTHEIRVIEWS ON THIS RULE BY 

SUBMITIING WRITIEN COMMENTS TO THE ADDRESS ABOVE NO LATER 

THAN 5:00PM on 03/31/2009. 

THIS RULE MAY BECOME EFFECTIVE ON: 05/06/2009 

AUTHORIZED BY: Bryce Bird, Planning Branch Manager 

R307. Environmental Quality, Air Quality. 

R307-101. General Requirements. 

R307-101-3. Version of Code of Federal Regulations Incorporated 

by Reference. 

Except as specifically identified in an individual rule, the version 

of the Code of Federal Regulations (CFR) incorporated throughout 

R307 is dated July I, 200[1]~. 

KEY: air pollution, definitions 

Date of Enactment or Last Substantive Amendment: [Februaf1' 8, 

~]2009 

Notice of Continuation: February 8, 2008 

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 

. ~------------------------------

vironmental Quality, Air Quality 

R307-840 

ased Paint Accredit 

tion and Work P 

Standards 

• 

OR REASON OR THE CHANGE: Section 

R307 -1 01-3 conta · s the incorporati date for many of Utah's 

Division of Air Quality (UDAQ) r es. Rule R307-840 

references S ion R307-1 01-3 for its i orporation date of 40 

CFR (Cod f Federal Regulations). D to issues with the 

07/01/20 , version of 40 CFR, the eft tive date of the 

docu nt incorporated by reference n ds to remain 

07/ 12007. (bAR NOTE: the proposed endment to 

S ction R307-101-3 is under DAR No. 32351 in this issue, 

arch 1, 2008, of the Bulletin.) 
NOTICES OF PROPOSED RULES 

iv) extraordinary cooperation in the violation inv 

show the licensee or pennittee and the officer, emplo 

the lie see or pennittee accepts responsibility; and 

(v) there was no evidence that the investigaf was based on 

complain received or on observed misconduct/ others, but was 

based solei on the investigating authority creaf he opportunity for 

a violation. I. 

(b) Exa les of aggravatmg CJrcumstan, 

(i) prior w ings about compliance pro !ems; 

(ii) prior vio tion history; 

(iii) lack of ·tten policies govemin employee conduct; 

(iv) multiple vi ations during the c urse of the investigation; 

(v) efforts to con at a violation; 

(vi) intentional na of the viol ion; 

(vii) the violation inv ved mor ·than one patron or employee; 

(viii) the violation inv ved a ·nor and, if so, the age of the 

minor; and 

(ix) whether the violation r s !ted in injury or death. 

(6) Violation Grid. Any posed substantive change to the 

violation grid that would establis or djust the degree of seriousness of 

a violation shall require rulema gin ompliance with title 630-3, the 

Utah Administrative Rulemaki g Act. violation grid describing each 

violation of the alcoholic bev rage contr !laws, the statutory and rule 

reference, and the degree o seriousness o each violation is available 

for public inspection in the epartment's adi inistrative office. A copy 

will be provided upon quest at reproduc ·on cost. It is entitled 

"Alcoholic Beverage Control Commiss n Violation Grid" 

([~)2008 edition) d is incorporated by re renee as part of this 

rule. 

KEY: alcoholic everages 

Date of Enact nt or Last Substantive Amendm 

Notice of Con nuation: August 31, 2006 

Authorizing, nd Implemented or Interpreted Law · 32A-1-107; 

32A-1-119( (c); 32A-1-702; 37-1-703; 32A-1-704; 32A -807; 32A3-103(1)( ; 32A-4-103(l)(a); 32A-4-106(1)(a); 32A 03(l)(a); 

32A-4-3 (l)(a); 32A-4-307(1)(a); 32A-4-401(1)(a); 32A-5-

103(1) ; 32A-6-103(2)(a); 32A-7-103(2)(a); 32A-7-106(5), 2A-8-

103(1 a); 32A-8-503(1)(a); 32A-9-103(l)(a); 32A-10-203 )(a); 

32 0-206(14); 32A-10-303(1)(a); 32A-10-306(5); 32 11-

10 l)(a) 

. ---------------------------------. 

Environmental Quality, Air Quality 

R307-101-2 

Definitions 

NOTICE OF PROPOSED RULE 

(Amendment) 

DAR FILE No.: 32458 

FILED: 03/23/2009, 14:47 

RULE ANALYSIS 

PURPOSE OF THE RULE OR REASON FOR THE CHANGE: This rule 

change updates the version of Threshold Limit Values for 

Chemical Substances and Physical Agents and Biological 

Exposure Indices referenced in several definitions in Section 

6 

DAR File No. 32458 

R307-101-2 to the most recent version . All references to 

Threshold Limit Values for Chemical Substances and Physical 

Agents and Biological Exposure Indices need to be consistent 

and up-to-date to ensure that the most recently published 

Threshold Limit Values constitute the basis of regulatory 

actions and requirements. · 

SUMMARY OF THE RULE OR CHANGE: The following definitions in 

Section R307-101-2 are established by reference: "Acute 

Hazardous Air Pollutant," "Carcinogenic Hazardous Air 

Pollutant,""Chronic Hazardous Air Pollutant,""Threshold Limit 

Value- Ceiling (TLV-C)," and "Threshold Limit Value- Time 

Weighted Average (TLV-TWA)." This rule change updates 

the version date of the referenced document to the most 

current American Conference of Governmental Industrial 

Hygienists publication of Threshold Limit Values for Chemical 

Substances and Physical Agents and Biological Exposure 

Indices. 

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS 

RULE: Subsection 19-2-104(1)(a) 

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THE 

FOLLOWING MATERIAL: American Conference of Governmental 

Industrial Hygienists publication of "Threshold Limit Values for 

Chemical Substances and Physical Agents and Biological 

Exposure Indices, 2009" 

ANTICIPATED COST OR SAVINGS TO: 

•!• THE STATE BUDGET: Because these revisions do not create 

any new requirements, no change in costs is expected for the 

state budget. 

•!• LOCAL GOVERNMENTS: Because this revision does not 

create any new requirements, no change in costs is expected 

for local governments. 

•!• SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: 

Small Businesses: Because this revision does not create any 

new requirements, no change in costs is expected for small 

businesses . Other Persons: Because this revision does not 

create any new requirements, no change in costs is expected 

for other persons. 

COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this 

revision does not create any new requirements, no change in 

costs is expected for affected persons. 

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE 

RULE MAY HAVE ON BUSINESSES: This amendment does not 

create new requirements. Therefore, no additional costs are 

expected. William Sinclair, Acting Executive Director 

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR 

BUSINESS HOURS, AT: 

ENVIRONMENTAL QUALITY 

AIR QUALITY 

150 N 1950 W 

SALT LAKE CITY UT 84116-3085, or 

at the Division of Administrative Rules. 

UrAH STATE B ULLETIN, April IS, 2009, Vol. 2009, No. 8 
DAR File No. 32458 

DIRECT QUESTIONS REGARDING THIS RULE TO: 

Kimberly Kreykes at the above address, by phone at 801-536-

4042, by FAX at 801-536-4099, or by Internet E-mail at 

kkreykes@utah.gov 

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY 

SUBMITIING WRITIEN COMMENTS TO THE ADDRESS ABOVE NO LATER 

THAN 5:00PM on 05/15/2009. 

THIS RULE MAY BECOME EFFECTIVE ON : 06/03/2009 

AUTHORIZED BY: Bryce Bird, Planning Branch Manager 

R307. Environmental Quality, Air Quality. 

R307-101. General Requirements. 

R307-101-2. Definitions. 

Except where specified in individual rules, definitions in R307-

l 0 l-2 are applicable to all rules adopted by the Air Quality Board: 

"Actual Emissions" means the actual rate of emissions of a 

pollutant from an emissions unit detennined as follows: 

(I) In general, actual emissions as of a particular date shall equal 

the average rate, in tons per year, at which the unit actually emitted the 

pollutant during a two-year period which precedes the particular date 

and which is representative of normal source operations. The 

Executive Secretary shall allow the use of a different time period upon 

a detennination that it is more representative of normal source 

operation. Actual emissions shall be calculated using the unit's actual 

operating hours, production rates, and types of materials processed, 

stored, or combusted during the selected time period. 

(2) The Executive Secretary may presume that source-specific 

allowable emissions for the unit are equivalent to the actual emissions 

of the unit. 

(3) For any emission unit, other than an electric utility steam 

generating unit specified in ( 4 ), which has not begun normal operations 

on the particular date, actual emissions shall equal the potential to emit 

of the unit'on that date. 

(4) For an electric utility steam generating unit (other than a new 

unit or the replacement of an existing unit) actual emissions of the unit 

following the physical or operational change shall equal the 

representative actual annual emissions of the unit, provided the source 

owner or operator maintains and submits to the executive secretary, on 

an annual basis for a period of 5 years from the date the unit resumes 

regular operation, information demonstrating that the physical or 

operational change did not result in an emissions increase. A longer 

period, not to exceed 10 years, may be required by the executive 

secretary if the executive secretary determines such a period to be more 

representative of nonnal source post-change operations. 

"Acute Hazardous Air Pollutant" means any noncarcinogenic 

hazardous air pollutant for which a threshold limit value - ceiling 

(TLV-C) has been adopted by the American Conference of 

Governmental Industrial Hygienists (ACGIH) in its "Threshold Limit 

Values for Chemical Substances and Physical Agents and Biological 

Exposure Indices, (200.2(+])." 

"Air Contaminant" means any particulate matter or any gas, 

vapor, suspended solid or any combination of them, excluding steam 

and water vapors (Section 19-2-1 02(1 )). 

"Air Contaminant Source" means any and all sources of emission 

of air contaminants whether privately or publicly owned or operated 

(Section 19-2-1 02(2)). 

UTAH STATE BULLETIN, Aprill5, 2009, Vol. 2009, No.8 

NOTICES OF PROPOSED RULES 

"Air Pollution" means the presence in the ambient air of one or 

more air contaminants in such quantities and duration and under 

conditions and circumstances, as is or tends to be injurious to hum 

health or welfare, animal or plant life, or property, or would 

umeasonably interfere with the enjoyment of life or use of property as 

determined by the standards, rules and regulations adopted by the Air 

Quality Board (Section 19-2-104). 

"Allowable Emissions" means the emission rate of a source 

calculated using the maximum rated capacity of the source (unless the 

source is subject to enforceable limits which restrict the operating rate, 

or hours of operation, or both) and the emission limitation established 

pursuant to R307-401-8. 

"Ambient Air" means the surrounding or outside air (Section 19-

2-102(4)). 

"Appropriate Authority" means the goveming body of any city, 

town or county. 

"Atmosphere" means the air that envelops or surrounds the earth 

and includes all space outside of buildings, stacks or exterior ducts. 

"Authorized Local Authority" means a city, county, city-county or 

district health department; a city, county or combination fire 

department; or other local agency duly designated by appropriate 

authority, with approval of the state Department of Health; and other 

lawfully adopted ordinances, codes or regulations not in conflict 

therewith. 

"Board" means Air Quality Board. See Section 19-2-102(6)(a). 

"Breakdown" means any malfunction or procedural error, to 

include but not limited to any malfunction or procedural error during 

start-up and shutdown, which will result in the inoperability or sudden 

loss of performance of the control equipment or process equipment 

causing emissions in excess of those allowed by approval order or Title 

R307. 

'"BTU" means British Thennal Unit, the quantity of heat necessa!')l 

to raise the temperature of one pound of water one degree Fahrenheit. 

"Calibration Drift" means the change in the instrument meter 

readout over a stated period of time of normal continuous operation 

when the VOC concentration at the time of measurement is the same 

known upscale value. 

"Carbon Adsorption System" means a device containing 

adsorbent material (e.g., activated carbon, almninum, silica gel), an 

inlet and outlet for exhaust gases, and a system for the proper disposal 

or reuse of all VOC adsorbed. 

"Carcinogenic Hazardous Air Pollutant" means any hazardous air 

pollutant that is classified as a known human carcinogen (AI) or 

suspected human carcinogen (A2) by the American Conference of 

Governmental Industrial Hygienists (ACGIH) in its "Threshold Limit 

Values for Chemical Substances and Physical Agents and Biological 

Exposure Indices, (200.2[+])." 

"Chargeable Pollutant" means any regulated air pollutant except 

the following: 

(I) Carbon monoxide; 

(2) Any pollutant that is a regulated air pollutant solely because it 

is a Class I or II substance subject to a standard promulgated or 

established by Title VI of the Act, Stratospheric Ozone Protection; 

(3) Any pollutant that is a regulated air pollutant solely because it 

is subject to a standard or regulation under Section 112(r) of the Act, 

Prevention of Accidental Releases. 

"Chronic Hazardous Air Pollutant" means any noncarcinogenic 

hazardous air pollutant for which a threshold limit value - time 

weighted average (TLV-TWA) having no threshold limit value -

ceiling (TL V -C) has been adopted by the American Conference of 

Governmental Industrial Hygienists (ACGIH) in its "Threshold Limit 

7 
NOTICES OF PROPOSED RULES 

Values for Chemical Substances and Physical Agents and Biological 

Exposure Indices, (2002[+])." 

"Clean Air Act" means federal Clean Air Act as amended in 1990. 

"Threshold Limit Value - Ceiling (TL V-C)" means the airborne 

concentration of a substance which may not be exceeded, as adopted by 

the American Conference of Governmental Industrial Hygienists in its 

"Threshold Limit Values for Chemical Substances and Physical Agents 

and Biological Exposure Indices, [pages 15 72 ](2002[G])." 

"Threshold Limit Value -Time Weighted Average (TL V-TWA)" 

means the time-weighted airborne concentration of a substance adopted 

by the American Conference of Governmental Industrial Hygienists in 

its "Threshold Limit Values for Chemical Substances and Physical 

Agents and Biological Exposure Indices, [pages 15 72 ](2002[G])." 

"Total Suspended Particulate (TSP)" means minute separate 

particles of matter, collected by high volume sampler. 

"Toxic Screening Level" means an ambient concentration of an air 

contaminant equal to a threshold limit value - ceiling (TL V- C) or 

threshold limit value -time weighted average (TL V-TWA) divided by a 

safety factor. 

"Trash" means solids not considered to be highly flammable or 

explosive including, but not limited to clothing, rags, leather, plastic, 

rubber, floor coverings, excelsior, tree leaves, yard trimmings and other 

similar materials. 

"Volatile Organic Compound (VOC)" means VOC as defined in 

40 CFR 51.1 OO(s)(l), effective as of the date referenced inR307- 101-3, 

is hereby adopted and incorporated by reference. 

"Waste" means all solid, liquid or gaseous material, including, but 

not limited to, garbage, trash, household refuse, construction or 

demolition debris, or other refuse including that resulting from the 

prosecution of any business, trade or industry. 

"Zero Drift" means the change in the instrument meter readout 

over a stated period of time of nonnal continuous operation when the 

VOC concentration at the time of measurement is zero. 

KEY: air pollution, definitions 

Date of Enactment or Last Substantive Amendment: [Felmuu·y 8, 

~]2009 

Notice of Continuation: February 8, 2008 

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 

. ---------------. 

ironmental Quality, Water ality 

R317-101-2 

PURPOSE OF RULE OR REASON FO THE CHANGE: The 

proposed c nge is being made to bring tti Utah Wastewater 

sistance Program rules into conformance with the 

8 

add ional subsidization funding requirements of the 

Rec ery and Reinvestment Act of 2009 (ARRA). 

SUMMA Y OF THE RULE OR CHANGE: The proposed C 

a defini n for the term "principal forgiveness". 

STATE ST.t>; UTORY OR CONSTITUTIONAL AUTHOR! 

RULE: Sec ·on 19-5-105 

ANTICIPATED OST OR SAVINGS TO: 

DGET: There are no anticip 

state budget. he proposed rule will be · 

existing resources. 

erican 

•!• LOCAL GOVERNMENTS: Local gover ents receiving an 

authorization through ARRA may bene t from a cost savings 

up to 50% of the principal loan amoun . ARRA requires that 

50% of funds be a arded as additi nal subsidization (i.e., 

grant, principal forgiveness, or nega ve interest). 

•!• SMALL BUSINESSES 1\ND PERSONS TH ER THAN BUSINESSES: 

The proposed chang,e applies only to publicly-owned 

treatment works receiving an autho ization through ARRA. No 

direct costs or savings ~ small b sinesses or other persons 

are anticipated. 

COMPLIANCE COSTS FOR A EC ED PERSONS: The proposed 

change enables local gove nts receiving an authorization 

through ARRA to benefit fro a cost savings of up to 50% of 

the principal loan amount. T re are no additional compl iance 

costs associated with the c a ge. 

RULE MAY HAVE ON BUSINE ES: 

to publicly-owned treat 

through ARRA. No 

anticipated. Wi lliam s· are 

ECTED, DURING REGULAR 

BUSINESS HOURS, AT 

ENVIRON ME TAL QUALITY 

WATERQU ITY 

CANNON H AL TH BLDG 

288 N 146 W 

SALT LA CITY UT 84116-3231 , o 

at the Di sion of Administrative Rules 

DIRECT QUE IONS REGARDING THIS RULE TO: 

Dave Wh at the above address, by pho 

6052, by AX at 801-538-6016, or by lnte et E-mail at 

dwham utah.gov 

INTERE TED PERSONS MAY PRESENT THEIR VIEWS ON HIS RULE BY 

SUBMI lNG WRITTEN COMMENTS TO THE ADDRESS ABO 

THAN :00 PM on 05/15/2009. 

05/22/2009 

A HORIZED BY: Walter Baker, Director 

U TAH STATE B ULLETIN, April 15, 2009, Vol. 2009, No. 8 

Hearing 

A public comment period was held for R307-405-2, November 1- December 1, 2008. A hearing 

was not requested. 

A public comment period was held for R307-101-3 , March 1 - 31 , 2009. A hearing was not 

requested. 

A public comment period was held for R307-101-2, April15- May 15, 2009. A hearing was not 

requested. 
State ofUtah 

JON M. HUNTSMAN, JR. 

Governor 

GARY HERBERT 

Lieutenant Governor 

Department of 

Environmental Quality 

William J. Sinclair 

Acting Executive Director 

DIVISION OF AIR QUALITY 

Cheryl Heying 

Director 

MEMORANDUM 

TO: Air Quality Board 

THROUGH: Cheryl Heying, Executive Secretary 

FROM: Colleen Delaney, Environmental Scientist 

DATE: January 13, 2009 

DAQ-003-09 

SUBJECT: FINAL ADOPTION: Amend R307-405-2. Permits: Major Sources in Attainment or 

Unclassified Areas (PSD). Applicability; and FIVE-YEAR REVIEW: R307-405 . Permits: 

Major Sources in Attainment or Unclassified Areas (PSD) 

On October 1, 2008, the Air Quality Board proposed updating the incorporation by reference date for 40 

CFR 52.21 to the July 1, 2008, version. A 30-day public comment period was held·beginning November 1, 

2008. No comments were received and a public hearing was not requested. 

StaffRecommendation: DAQ staff recommends that R307-405-2 be adopted as proposed. 

In addition, DAQ has completed a five-year review for R307-405, and as a separate action, staff 

recommends that the Board continue this rule by approving the attached forms to be filed with the Division 

of Administrative Rules. 

150 North 1950 West · Salt Lake City, UT 

Mailing Address: P.O. Box 144820 • Salt Lake City, UT 84 11 4-4820 

Telephone (801) 536-4000 · Fax (80 1) 536-4099 • T.D.D. (801) 536-44 14 

www.deq.utah.gov 

Printed on I 00% recycled paper 
State of Utah 

JON M. HUNTSMAN, JR. 

Governor 

GARY HERBERT 

Lieutenant Governor 

Department of 

Environmental Quality 

William J. Sinclair 

Acting Executive Director 

DIVISION OF AIR QUALITY 

Cheryl Heying 

Director 

MEMORANDUM 

TO: Air Quality Board 

THROUGH: Cheryl Heying, Executive Secretary 

FROM: Kimberly Kreykes, Environmental Planning Consultant 

DATE: Aprill3 , 2009 

DAQ-021 -09 

SUBJECT: FINAL ADOPTION: Amend R307-101-3, General Requirements: Version of Code of 

Federal Regulations Incorporated by Reference. 

On December 3, 2008, the Air Quality Board proposed for comment amendments to R307-101-3, General 

Requirements: Version of Code of Federal Regulations Incorporated by Reference. A public comment 

period was held March 1-31, 2009. No comments were received. 

StaffRecommendation: DAQ staff recommends that R307-101-3 be adopted as proposed. 

150 North 1950 West · Salt Lake City, Utah 

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84 114-4820 

Telephone (80 1) 536-4000 · Fax (801) 536-4099 • T.D.D. (801) 536-44 14 

www.deq.utah.gov 

Printed on I 00% recycled paper 
State ofUtah 

JON M. HUNTSMAN, JR. 

Governor 

GARY HERBERT 

Lieutenant Governor 

Department of 

Environmental Quality 

Amanda Smith 

Acting Executive Director 

DIVISION OF AIR QUALITY 

Cheryl Heying 

Director 

MEMORANDUM 

TO: Air Quality Board 

THROUGH: Cheryl Heying, Executive Secretary 

FROM: Steve Packham, Toxicologist 

DATE: June 4, 2009 

DAQ-032-09 

SUBJECT: FINAL ADOPTION: Amend R307-101-2. General Requirements. Definitions. 

On March 4, 2009, the Air Quality Board proposed for comment amendments to R307-101-2 General 

Requirements, Definitions. 

The purpose of the proposed rule change is to update the version of Threshold Limit Values for Chemical 

Substances and Physical Agents and Biological Exposure Indices published by the American Conference 

of Governmental Industrial Hygienists (ACGIH) referenced in several definitions in Section R307-101-2 to 

the most recent version. 

A public comment period was held April 15 - May 15, 2009. No comments were received. 

Staff Recommendation: DAQ staff recommends that R307-101-2 be adopted as proposed. 

ISO North 1950 West· Salt Lake City, Utah 

Mailing Address: P.O. Box 144820 ·Salt Lake City, Utah 84 11 4-4820 

Telephone (80 1) 536-4000 • Fax (801 )536-4099 • T.D.D. (801 ) 536-44 14 

WlV\V. deq.utah.gov 

Printed on I OO",(o recycled paper 
Nonsubstantive Change 

NonSub Rule Change 2 Page 1 ot 2 

State of Utah 

NOTICE OF NONSUBSTANTIVE RULE CHANGE 

DAR file no: 

Utah Admin. 

Code ref. (R no.): 

31462 

R307-102 

Date filed: 

Time filed: 

1. Agency: Environmental Quality/ Air Quality 

Room no.: 

Building: 

Street address 1: 150 N 1950 W 

Street address 2: 

City,state,zip: SALT LAKE CITY, UT 84116-3085 

Mailing address 1: PO BOX 144820 

Mailing address 2: 

City,state,zip: SALT LAKE CITY, UT 84114-4820 

Contact person(s): 

5/20/2008 

1:01:25 PM 

Name: Phone: 

801-536-4042 

Fax: 

801-536-4099 

E-mail: Remove: 

Kimberly Kreykes kkreykes @utah.gov 

(Interested persons may inspect this filing at the above address or at DAR between 8:00a.m. and 5:00p.m. on business days.) 

Title of rule or section (catchline): 

r ::.PnPral Requirements: Broadl Applicable Requirements 

urpose of or reason for the nonsubstantive change: 

he purpose for the nonsubstantive change is to update the authorization for Rule R307-

102. During the 2008 legislative session, H.B. 63 passed which recodified most of Title 

63. (DAR NOTE: H.B. 63 (2008) is found at Chapter 382, Laws of Utah 2008, and was 

effective 05/05/2008.) 

... ~ ..... '" ... F."··~ a response to comments by the Administrative Rules Review 

· ee. No 

5. Summary of the nonsubstantive change: 

Rule R307-102 was authorized under Section 63-46b-4 which has now become Section 

63G-4-202. 

. This rule adds, updates, or otherwise changes the following title of materials 

incorporated by reference (a copy of materials incorporated by reference must be 

submitted to DAR; if none, leave blank): 

information - keywords (maximum of four, in lower case): 

onfidentiality of information, variances, air pollution 

. Attach an RTF document containing the text of this rule change (filename): 

There is currently a document associated with this filing.[ Rule Text ] 

To the agency: A nonsubstantive change becomes effective on the date the Division of 

Administrative Rules makes the change to the rule in the Utah Administrative Code (see 

Subsection R15-4-6(5)). 

http:/ /filings.rules. utah. gov /Forms/NonS u bChange. asp ?intKey= 136910 6/17/2009 
NonSub Rule Change 2 

AGENCY AUTHORIZATION 

rr==================== 

Agency head or designee, 

and title: 

ce Bird 

nning Branch Mana 

http://filings.rules.utah.gov/Forms/NonSubChange.asp?intKey=136910 

Page 2 of2 

6/17/2009 
R307. Envirorunental Quality, Air Quality. 

R307-102. General Requirements: Broadly Applicable 

Requirements. 

KEY: air pollution, confidentiality of information, 

variances* 

Date of Enactment or Last Substantive Amendment: 

December 7, 2000 

Notice of Continuation: February 8, 2008 

Authorizing, and Implemented or Interpreted Law: 19-2-

104; 63G-4-202[6J 469 4]; 19-2~113 

!--dar--

C-3 
RULES INDEX 

R277-609 

R277-609 

R277-609-5 

R277-610 

R277-616-1 

R277-700 

R277-702 

R277-703-6 

R277-704 

R277-709 

R277-710 

R277-714-1 

R277-715 

R277-715 

R277-718 

R277-719 

R277-721 

R277-721 

R277-722 

R277-722 

R277-730 

R277-733 

R277-735 

R277-746 

R277-747 

R277-751 

R277-760-2 

Rehabilitation 

R280-150 

R280-200 

R280-201-7 

R280-204-7 

Environmental Quality 

Administration 

R305-3 

R305-3 

R305-4 

R305-4 

R307-103 

R307-103-2 

R307-107 

74 

Standards for School District Discipline Plans 

Standards for School District, School and Charter School 

Discipline Plans 

Parent/Guardian Notification and Court Referral 

Released-Time Classes for Religious Instruction 

Definitions 

The Elementary and Secondary School Core Curriculum 

Procedures for the Utah General Educational Development 

Certificate 

Funding Provisions 

Financial and Economic Literacy: Integration into Core 

Curriculum and Financial and Economic Literacy Student 

Passports 

Education Programs Serving Youth in Custody 

International Baccalaureate Programs 

Definitions 

English Language Learner Family Literacy Centers 

English Language Learner Family Literacy Centers Program 

Utah Career Teaching Scholarship Program 

Standards for Selling Foods Outside of the Reimbursable 

Meal in Schools 

Deadline for CACFP Sponsor Participation in Food 

Distribution Program 

Deadline for CACFP Sponsor Participation in Food 

Distribution Program 

Withholding Payments and Commodities in the CACFP 

Withholding Payments and Commodities in the CACFP 

Alternative High School Curriculum 

Adult Education Programs 

Standards and Procedures for Corrections Education 

Programs Serving Inmates of the Utah Department of 

Corrections · · 

Driver Education Programs for Utah Schools 

Private School Student Driver Education 

Special Education Extended School Year 

Authority and Purpose 

Adjudicative Proceedings Under the Vocational 

Rehabilitation Act 

Rehabilitation 

Classification of Records 

Miscellaneous Provisions 

Emergency Meeting (5YR EXTENSION) 

Emergency Meetings 

Clean Fuels and Vehicle Technology Fund Grant and Loan 

Program 

Clean Fuels and Vehicle Technology Fund Grant and Loan 

Program 

General Requirements 

General Requirements 

General Requirement · 

Administrative rocedures 

Initial Proceedings 

General Requirements : Unavoidable Breakdown (5YR 

EXTENSION) 

30847 

31956 

30958 

30881 

31881 

30882 

30883 

30977 

31957 

30884 

31583 

31882 

31835 

32006 

30885 

30848 

30886 

31014 

30887 

31015 

30888 

31836 

31837 

31039 

31040 

31041 

31883 

31838 

31042 

31884 

31885 

30506 

30766 

31391 

31391 

31809 

31426 

AMD 

AMD 

NSC 

5YR 

NSC 

5YR 

5YR 

NSC 

NEW 

5YR 

NEW 

NSC 

NEW 

NSC 

5YR 

NEW 

5YR 

REP 

5YR 

REP 

5YR 

AMD 

AMD 

5YR 

5YR 

5YR 

NSC 

R&R 

5YR 

NSC 

NSC 

NSC 

REP 

NEW 

CPR 

02/07/2008 

11/10/2008 

02/29/2008 

01/08/2008 

10/2112008 

01/08/2008 

01/08/2008 

02/27/2008 

11/10/2008 

01/08/2008 

08/07/2008 

10/21/2008 

10/08/2008 

11/17/2008 

01/08/2008 

02/07/2008 

01/08/2008 

04/21/2008 

01/08/2008 

04/21/2008 

01/08/2008 

10/08/2008 

10/08/2008 

03/03/2008 

03/03/2008 

03/03/2008 

10/21/2008 

10/08/2008 

03/03/2008 

10/21/2008 

10/21/2008 

02/15/2008 

see REP DAR 

No.30766 

02/15/2008 

10/08/2008 

see CPR in 

09/01/2008 

Bulletin 

10/08/2008 

02/08/2008 

02/08/2008 

02/08/2008 

06/18/2008 

06/18/2008 

10/01/2008 

09/04/2008 

see 5YR DAR 

No.31927 

2008-1/10 

2008-19/22 

Not Printed 

2008-3/73 

Not Printed 

2008-3/74 

2008-3/74 

Not Printed 

2008-19/24 

2008-3/75 

2008-13/32 

Not Printed 

2008-17/43 

Not Printed 

2008-3/75 

2008-1/12 

2008-3/76 

2008-6/5 

2008-3/76 

2008-6/6 

2008-3/77 

2008-17/44 

2008-17/49 

2008-7/64 

2008-7/64 

2008-7/65 

Not Printed 

2008-17/51 

2008-7/65 

Not Printed 

Not Printed 

Not Printed 

2007-24/6 

2008-11/84 

2008-17/70 

2007-23/21 

2008-5/40 

2008-5 

Not Pnnte 

Not Printed 

Not Printed 

UTAH S TATE B ULLETIN, January IS, 2009, Vol. 2009, No.2 
R307-102 

DAR No. 31462 NSC 

Effective June 18, 2008 

ERTIFIED A TRUE COPY 

enneth A. Hansen. Director 

~,,<!;,..., of J\dministra'i"~ p, 'c -5 
R307. Environmental. Quality, Air Quality. 

R307-102. General Requirements: Broadly Applicable 

Requirements. 

KEY: air pollution, confidentiality of information, 

variances* 

Date of Enactment or Last Substantive Amendment: 

December 7, 2000 

Notice of Continuation: February 8, 2008 

Authorizing, and Implemented or Interpreted Law: 19-2-

104; 63G-4-202; 19-2-113 

!--dar--
Effective Rule 

R307-405-2 

DAR No. 32042 AMD 

Effective February 5, 2009 

CERT\FlED A RUE COPY 

th A. Hansen. owector Kenne f Ad""lnic: mtiv~ Rt~l~ Division o ~ · ' ~ 6- /\ 
R307. Environmental Quality, Air Quality. 

R307-405. Permits: Major Sources in Attainment or 

Unclassified Areas (PSD). 

R307-405-2. Applicability. 

(1) All references to 40 CFR in R307-405 shall 

mean the version that is in effect on July 1, 2008. 

(2) The provisions of 40 CFR 52.21(a)(2) are 

hereby incorporated by reference. 

(3) Notwithstanding the exemptions in R307-.401, 

any source that is subject to R307-405 is subject to the 

requirement to obtain an approval order in R307-401-S 

through 8. 

KEY: air pollution, PSD, Class I area 

Date of Enactment or Last Substantive Amendment: 

2009 

Notice of Continuation: July 13,2007 

Authorizing, and Implemented or Interpreted Law: 19-2-

104 

!--dar--
NOTICES OF RULE EFFECTIVE DATES 

These are the effective dates of PROPOSED RULES or CHANGES IN PROPOSED RULES published in earlier editions of 

the Utah State Bulletin. Statute permits an agency to make a rule effective "on any date specified by the agency that 

is no fewer than seven calendar days after the close of the public comment period ... , nor more than 120 days after 

the publication date." Subsection 63G-3-301(9). 

Abbreviations 

AMD = Amendment 

CPR = Change in Proposed Rule 

NEW = New Rule 

R&R = Repeal and Reenact 

REP= Repeal 

Air Quality 

No. 32042 (AMD): R307-405-2. Applicability. 

Published: November 1, 2008 

Effective: February 5, 2009 

rinking Water 

No. 32168 (AMD): R309-515-7. Ground Water -

Springs. 

Published: December 15, 2008 

Effective: February 15, 2009 

No. 32169 (AMD): R309-540-6. Hydropneumatic 

Systems. 

Published: December 15, 2008 

Effective: Febru·ary 15, 2009 

Radiation Control 

No. 32050 (AMD): R313-21 . General Licenses. 

Published: November 1, 2008 

Effective: February 11 , 2009 

No. 32050 (CPR): R313-21 . General Licenses. 

Published: December 15, 2008 

Effective: February 11 , 2009 

No. 32206 (AMD): R313-22-75. Special Requirements 

for a Specific License to Manufacture, Assemble, 

Repair, or Distribute Commodities, Products, or 

Devices Which Contain Radioactive Material. 

Published: January 1, 2009 

Effective: February 12, 2009 

No. 32207 (AMD): R313-32. Medical Use of 

Radioactive Material. 

Published: January 1, 2009 

Effective: February 12, 2009 

UTAH STATE BULLETIN, March I, 2009, Vol. 2009, No.5 

Health 

Administration 

No. 31980 (NEW): R380-70. Standards for Electronic 

Exchange of Clinical Health Information. 

Published: October 15, 2008 

Effective: February 4, 2009 

Health Systems Improvement, Child Care Licensing 

No. 31820 (R&R): R430-6. Background Screening. 

Published: September 1, 2008 

Effective: February 16, 2009 

No. 31820 (CPR): R430-6. Background Screening. 

Published: January 1, 2009 

Effective: February 16, 2009 

Natural Resources 

Water Rights 

No. 32201 (AMD): R655-14. Administrative 

Procedures for Enforcement Proceedings Before the 

Division of Water Rights. 

Published: January 1, 2009 

Effective: February 10, 2009 

Wildlife Resources 

No. 32210 (AMD): R657-61. Valuation of Real 

Property Interests for Purposes of Acquisition or 

Disposal. 

Published: January 1, 2009 

Effective: February 9, 2009 

Transportation 

Administration 

No. 32214 (AMD): R907-1 . "Appeal of Departmental 

Actions. 

Published: January 1, 2009 

Effective: April 14, 2009 

Workforce Services 

Employment Development 

No. 32209 (AMD): R986-200-246. Transitional Cash 

Assistance. 

Published: January 1, 2009 

Effective: February 12, 2009 

33 

E-J 
-.... ~ ... 

R307-101-3 

DAR No. 32351 AMD 

Effective May 7, 2009 
. ' 

R307. Environmental Quality, Air Quality. 

R307-101. General Requirements. 

R307-101-3. Version of Code of Federal Regulations 

Incorporated by Reference. 

Except as specifically identified in an individual 

rule, the version of the Code of Federal Regulations (CFR) 

incorporated throughout R307 is dated July I, 2008. 

KEY: air pollution, definitions 

Date of Enactment or Last Substantive Amendment: 

2009 

Notice of Continuation: February 8, 2008 

Authorizing, and Implemented or Interpreted Law: 19-2-

104(l)(a) 

!--dar--

~-) 
NOTICES OF RULE EFFECTIVE DATES 

These are the effective dates of PROPOSED RULES or CHANGES IN PROPOSED RULES published in earlier editions of 

the Utah State Bulletin. Statute permits an agency to make a rule effective "on any date specified by the agency that 

is no fewer than seven calendar days after the close of the public comment period .. . , nor more than 120 days after 

the publication date." Subsection 63G-3-301 (9). 

Abbreviations 

AMD = Amendment 

CPR = Change in Proposed Rule 

NEW= New Rule 

R&R = Repeal and Reenact 

REP = R.epeal 

Administrative Services 

Fleet Operations, Surplus Property 

No. 32362 (AMD): R28-2-3. Procedures. 

Published: March 1, 2009 

Effective: May 11 , 2009 

Career Service Review Board 

Administration 

No. 32287 (AMD): R137-1-2. Definitions. 

Published: February 1, 2009 

Effective: May 6, 2009 

No. 32290 (AMD): R137-1-22. 

Appellate/Step 6 Procedures. 

Published: February 1, 2009 

Effective: May 6, 2009 

Commerce 

Occupational and Professional Licensing 

The Board's 

No. 32430 (AMD): R156-31c. Nurse Licensure 

Compact Rules. 

Published: April 1, 2009 

Effective: May 11 , 2009 

No. 32438 (AMD): R156-55a. Utah Construction 

Trades Licensing Act Rule. 

Published: April 1, 2009 

Effective: May 11, 2009 

Education 

Administration 

No. 32446 (AMD): R277-462. Comprehensive 

Counseling and Guidance Program. 

Published: April 1, 2009 

Effective: May 8, 2009 

No. 32447 (AMD): R277-477. Distribution of Funds 

from the School Trust Lands Account and 

Implementation of the School LAND Trust Program. 

Published: April 1, 2009 

Effective: May 8, 2009 

U TAH STATE B ULLETIN, June I, 2009, Vol. 2009, No. II 

No. 32448 (AMD): R277-484. Data Standards. 

Published: April 1, 2009 

Effective: May 8, 2009 

No. 32449 (AMD): R277-491 . School Community 

Councils. 

Published: April 1, 2009 

Effective: May 8, 2009 

No. 32450 (AMD): R277 -502-4. License Levels, 

Procedures, and P.eriods of Validity. 

Published: April 1, 2009 

Effective: May 8, 2009 

No. 32351 (AMD): R307-101-3. Version of Code of 

Federal Regulations Incorporated by Reference. 

Published: March 1, 2009 

Effective: May 7, 2009 

No. 32350 (AMD): R307 -840. Lead-Based Pain 

Accreditation, Certification and Work Practic 

Standards. 

Published: March 1, 2009 

Effective: May 7, 2009 

Drinking Water 

No. 32444 (AMD): R309-1 05-6. Construction of Public 

Drinking Water Facilities. 

Published: April 1, 2009 

Effective: May 12, 2009 

No. 32443 (AMD): R309-110-4. Definitions. 

Published; April 1, 2009 

Effective: May 12, 2009 

No. 32445 (AMD): R309-500. Facility Design and 

Operation: Plan Review, Operation and Maintenance 

Requirements. 

Published: April 1, 2009 

Effective: May 12, 2009 

Solid and Hazardous Waste 

No. 32441 (AMD): R315-315. Special Waste 

Requirements. 

Published: April 1, 2009 

Effective: May 15, 2009 

61 
R307-101-2 

DAR No. 32458, AMD 

Effective July 2, 2009 
.. 

R307. Environmental Quality, Air Quality. 

R307-101. General Requirements. 

R307-101-2. Defmitions. 

Except where specified in individual rules, definitions 

in R307-101-2 are applicable to all rules adopted by the Air 

Quality Board. 

"Actual Emissions" means the actual rate of emissions 

of a pollutant from an emissions unit determined as follows: 

( 1) In general, actual emissions as of a particular date 

shall equal the average rate, in tons per year, at which the unit 

actually emitted the pollutant during a two-year period which 

precedes the particular date and which is representative of 

normal source operations. The Executive Secretary shall allow 

the use of a different time period upon a determination that it is 

more representative of normal source operation. Actual 

emissions shall be calculated using the unit's actual operating 

hours, production rates, and types of materials processed, stored, 

or combusted during the selected time period. 

(2) The Executive Secretary may presume that 

source-specific allowable emissions for the unit are equivalent to 

the actual emissions of the unit. 

(3) For any emission unit, other than an electric utility 

steam generating unit specified in (4), which has not begun 

normal operations on the particular date, actual emissions shall 

equal the potential to emit of the unit on that date. 

( 4) For an electric utility steam generating unit (other 

than a new unit or the replacement of an existing unit) actual 

emissions of the unit following the physical or operational 

change shall equal the representative actual annual emissions of 

the unit, provided the source owner or operator maintains and 

submits to the executive secretary, on an annual basis for a 

period of 5 years from the date the unit resumes regular 

operation, information demonstrating that the physical or 

operational change did not result in an emissions increase. A 

longer period, not to exceed 10 years, may be required by the 

executive secretary if the executive secretary determines such a 

period to be more representative of normal source post-change 

operations. 

"Acute Hazardous Air Pollutant" means any 

noncarcinogenic hazardous air pollutant for which a threshold 

limit value - ceiling (TL V -C) has been adopted by the American 

Conference of Governmental Industrial Hygienists (ACGIH) in 

its "Threshold Limit Values for Chemical Substances and 

Physical Agents and Biological Exposure Indices, (2009)." 

"Air Contaminant" means any particulate matter or 

any gas, vapor, suspended solid or any combination of them, 

excluding steam and water vapors (Section 19-2-1 02(1 )). 

"Air Contaminant Source" means any and all sources 

of emission of air contaminants whether privately or publicly 

owned or operated (Section 19-2-1 02(2)). 

"Air Pollution" means the presence in the ambient air 

of one or more air contaminants in such quantities and duration 

and under conditions and circumstances, as is or tends to be 

injurious to human health or welfare, animal or plant life, or 

property, or would unreasonably interfere with the enjoyment of 

life or use of property as determined by the standards, rules and 

regulations adopted by the Air Quality Board (Section 19-2-

104). 

"Allowable Emissions" means the emission rate of a 

source calculated using the maximum rated capacity of the 

source (unless the source is subject to enforceable limits which 

restrict the operating rate, or hours of operation, or both) and the 

emission limitation established pursuant to R307-401-8. 

"Ambient Air" means the surrounding or outside air 

(Section 19-2-102(4)). 

"Appropriate Authority" means the governing body of 

any city, town or county. 

"Atmosphere" means the air that envelops or 

surrounds the earth and includes all space outside of buildings, 

stacks or exterior ducts. 

"Authorized Local Authority" means a city, county, 

city-county or district health department; a city, county or 

combination frre department; or other local agency duly 

designated by appropriate authority, with approval of the state 

Department of Health; and other lawfully adopted ordinances, 

codes or regulations not in conflict therewith. 

"Board" means Air Quality Board. See Section 19-2-

102(6)(a). 

"Breakdown" means any malfunction or procedural 

error, to include but not limited to any malfunction or procedural 

error during start-up and shutdown, which will result in the 

inoperability or sudden loss of performance of the control 

equipment or process equipment causing emissions in excess of 

those allowed by approval order or Title R307. 

"BTU" means British Thermal Unit, the quantity of 

heat necessary to raise the temperature of one pound of water 

one degree Fahrenheit. 

"Calibration Drift" means the change in the instrument 

meter readout over a stated period of time of normal continuous 

operation when the VQC concentration at the time of 

measurement is the same known upscale value. 

"Carbon Adsorption System" means a device 

containing adsorbent material (e.g., activated carbon, aluminum, 

silica gel), an inlet and outlet for exhaust gases, and a system for 

the proper disposal or reuse of all VOC adsorbed. 

"Carcinogenic Hazardous Air Pollutant" means any 

hazardous air pollutant that is classified as a known human 

carcinogen (Al) or suspected human carcinogen (A2) by the 

American Conference of Governmental Industrial Hygienists 

(ACGIH) in its "Threshold Limit Values for Chemical 

Substances and Physical Agents and Biological Exposure 

Indices, (2009)." 

"Chargeable Pollutant" means any regulated air 

pollutant except the following: 

(1) Carbon monoxide; 

(2) Any pollutant that is a regulated air pollutant 

solely because it is a Class I or II substance subject to a standard 

promulgated or established by Title VI of the Act, Stratospheric 

Ozone Protection; 

(3) Any pollutant that is a regulated air pollutant 

solely because it is subject to a standard or regulation under 

Section 112(r) of the Act, Prevention of Accidental Releases. 

"Chronic Hazardous Air Pollutant" means any 

noncarcinogenic hazardous air pollutant for which a threshold 

limit value - time weighted average (TLV-TWA) having no 

threshold limit value- ceiling (TLV-C) has been adopted by the 

American Conference of Governmental Industrial Hygienists 
(ACGIH) in its "Threshold Limit Values for Chemical 

Substances and Physical Agents and Biological Exposure 

Indices, (2009)." 

"Clean Air Act" means federal Clean Air Act as 

amended in 1990. 

"Threshold Limit Value- Ceiling (TLV-C)" means the 

airborne concentration of a substance which may not be 

exceeded, as adopted by the American Conference of 

Governmental Industrial Hygienists in its "Threshold Limit 

Values for Chemical Substances and Physical Agents and 

Biological Exposure Indices, (2009)." 

"Threshold Limit Value - Time Weighted Average 

(TL V-TWA)" means the time-weighted airborne concentration 

of a substance adopted by the American Conference of 

Governmental Industrial Hygienists in its "Threshold Limit 

Values for Chemical Substances and Physical Agents and 

Biological Exposure Indices, (2009)." 

"Total Suspended Particulate (TSP)" means minute 

separate particles of matter, collected by high volume sampler. 

"Toxic Screening Level" means an ambient 

concentration of an air contaminant equal to a threshold limit 

value - ceiling (TL V- C) or threshold limit value -time weighted 

average (TL V-TWA) divided by a safety factor. 

"Trash" means solids not considered to be highly 

flammable or explosive including, but not limited to clothing, 

rags, leather, plastic, rubber, floor coverings, excelsior, tree 

leaves, yard trimmings and other similar materials. 

"Volatile Organic Compound (VOC)" means VOC as 

defmed in 40 CFR 51.100(s)(l), effective as of the date 

referenced in R307-101-3, is hereby adopted and incorporated by 

reference. 

"Waste" means all solid, liquid or gaseous material, 

including, but not limited to, garbage, trash, household refuse, 

construction or demolition debris, or other refuse including that 

resulting from the prosecution of any business, trade or industry. 

"Zero Drift" means the change in the instrument meter 

readout over a stated period of time of normal continuous 

operation when the VOC concentration at the time of 

measurement is zero. 

KEY: air pollution, defmitions 

Date of Enactment or Last Substantive Amendment: July 2, 

2009 

Notice of Continuation: February 8, 2008 

Authorizing, and Implemented or Interpreted Law: 19-2-

104(1)(a) 

!--dar--
NOTICES OF RULE EFFECTIVE DATES 

These are the effective dates of PROPOSED RULES or CHANGES IN PROPOSED RULES published in earlier editions of 

the Utah State Bulletin. Statute permits an agency to make a rule effective "on any date specified by the agency that 

is no fewer than seven calendar days after the close of the public comment period . . . , nor more than 120 days after 

the publication date." Subsection 63G-3-301(9). 

Abbreviations 

AMD = Amendment 

CPR = Change in Proposed Rule 

NEW = New Rule 

R&R = Repeal and Reenact 

REP = Repeal 

Commerce 

Occupational and Professional Licensing 

No. 32653 (AMD): R156-5a. Podiatric Physician 

Licensing Act Rule. 

Published:· June 1, 2009 

Effective: July 9, 2009 

No. 32661 (AMD): R156-17b. Pharmacy Practice Act 

Rule. 

Published: June 1, 2009 

Effective: July 9, 2009 

No. 32652 (AMD): R156-20a. Environmental Health 

Scientist Act Rules . 

Published: June 1, 2009 

Effective: July 9, 2009 

No. 32662 (AMD): R156-31 b. Nurse Practice Act Rule. 

Published: June 1, 2009 

Effective: July 9, 2009 

No. 32655 (AMD): R156-69. Dentist and Dental 

Hygienist Practice Act Rule. 

Published: June 1, 2009 

Effective: July 9, 2009 

Crime Victim Reparations 

Administration 

No. 32673 (AMD): R270-1 . Award and Reparation 

Standards. 

Published: June 1, 2009 

Effective: July 8, 2009 

Environmental Quality 

Air Quality 

No. 32458 (AMD): R307-101-2. Definitions. 

Published: April 15, 2009 

Effective: July 2, 2009 

124 

Health 

Epidemiology and Laboratory Services, Environmental 

Services 

No. 32393 (NEW): R392-303. Public Geothermal 

Pools and Bathing Places. 

Published: March 15, 2009 

Effective: July 13, 2009 

Health Systems Improvement, Emergency Medical 

Services 

No. 32618 (AMD): R426-6. Emergency Medical 

Services Competitive Grants Program Rules . 

Published: May 15, 2009 

Effective: July 9, 2009 

No. 32615 (AMD): R426-8. Emergency Medical 

Services Per Capita Grants Program Rules. 

Published: May 15, 2009 

Effective: July 8, 2009 

Human Services 

Recovery Services 

No. 32385 (AMD): R527-3. Definitions. 

Published: March 15, 2009 

Effective: July 13, 2009 

No. 32386 (AMD): R527-10. Disclosure of Information 

to the Office of Recovery Services. 

Published: March 15, 2009 

Effective: July 13, 2009 

No. 32387 (AMD): R527-38. Unenforceable Cases. 

Published: March 15, 2009 

Effective: July 13, 2009 

No. 32388 (AMD): R527-39. Applicant/Recipient 

Cooperation. 

Published: March 15, 2009 

Effective: July 13, 2009 

No. 32390 (AMD): R527-258. Enforcing Child Support 

When the Obligor is an Ex-Prisoner or in a Treatment 

Program .. 

Published: March 15, 2009 

Effective: July 13, 2009 

No. 32391 (AMD): R527-394. Posting Bond or 

Security. 

Published: March 15, 2009 

Effective: July 13, 2009 

UTAH STATE B ULLETIN, August I, 2009, Vol. 2009, No. 15 

&-lD 
Certification 

I, Kimberly A. Kreykes, Rules Coordinator for the Utah Division of Air Quality, do hereby 

certify that the public comment periods held to receive comments regarding R307-405-2 (DAR 

#32042), R307-101-3 (DAR #32351), R307-101 -2 (DAR #32458) and were held in accordance 

with the information provided in each published public notice and as defined in Utah Code 19-2-

109. The change regarding R307-405-2 was adopted by the Air Quality Board on February 2, 

2009, the change regarding R307-101 -3 was adopted by the Air Quality Board on May 6, 2008, 

and the change regarding R307-101-2 was adopted by the Air Quality Board on July 1, 2008.